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Criminal Proceeds (Recovery) Bill Government Bill As reported from the Law and Order Committee Commentary Recommendation The Law and Order Committee has examined the Criminal Proceeds (Recovery) Bill and recommends that it be passed with the amend- ments shown.

Introduction This bill seeks to reform the existing criminal proceeds recovery regime, and repeals the Proceeds of Crime Act 1991.
Under the cur- rent Act, property that either represents the profits of criminal offend- ing or was used to facilitate the commission of crime can be confis- cated once a criminal conviction is secured.

The major change pro- posed by this bill is that a criminal conviction would no longer be required for property representing the proceeds of crime or the value of unlawfully derived income to be confiscated.
Location of the recovery body We recommend amending the bill by deleting references to the re- covery body and replacing them with references to the Police.

The 81—2 2 Criminal Proceeds (Recovery) Bill Commentary bill as introduced is silent on where the recovery body for this legis- lation is to be located.

We understand that the original proposal was for it to be located within the Serious Fraud Office, but for the sake of flexibility the Government did not want this specified in legislation.
Submitters were concerned for civil liberties, since larger organisa- tions tend to be better at providing protection.

We are also concerned that the recovery body might be passed around departments, and we consider that specifying the Police as the agency responsible for civil forfeiture would provide clarity and certainty for the public.

There would also be the protection of an independent complaints regime, the Independent Police Conduct Authority.
In addition, we recommend that the head of the recovery body be required to answer directly to the Commissioner of Police.

Consequentially, we recommend substantial amendments to clauses 91 and 92 in subpart 6, as well as the removal of references to the “Director of Criminal Proceeds Confiscation” and their replacement with “Commissioner of Police” throughout the bill.

References to the “recovery body” should also be removed.
Information sharing We recommend removing clauses 100, 101, 102, 103, and 162, which we consider unnecessarily duplicate provisions elsewhere in legisla- tion.

As a consequence of our recommendation that the recovery body be located within the New Zealand Police some provisions of the bill as introduced regarding information sharing would become unnecessary.

Review of Commissioner’s decisions We recommend deleting clause 94.
This clause is based on section 20 of the Serious Fraud Office Act 1990 and would mean that the Commissioner’s decision to bring proceedings under Parts 1 and 2 of this bill could not be challenged in court except in the course of the proceedings themselves.

It is very rare for the courts to allow a judicial review of the Police’s decision to initiate a case.
Since we are recommending that the recovery body be situated in the Police and not the Serious Fraud Office, this clause would no longer be ne- cessary.

Commentary Criminal Proceeds (Recovery) Bill 3 Definitions As a consequence of our recommendation to place the recovery body within the Police, definitions of “Director” and “Recovery Body” would need to be removed from clause 5.

We recommend inserting a definition of “Commissioner”.
Property We recommend amending the definition of property in clause 5 of the bill to include situations where a person may not own the property but has an interest in it.

For example, someone might have a mortgage on a property but not hold the title; this amendment would allow this type of property to be restrained or forfeited.

Qualifying forfeiture offence We recommend amending the term qualifying forfeiture offence in clause 5 to read “qualifying instrument forfeiture offence”.
It is not clear in the bill as introduced that the term “qualifying forfeiture of- fence” relates only to instrument forfeiture orders, and this could cause some confusion.

Instrument of crime We recommend amending the definition of “instrument of crime” to include proceeds from the sale of property.

This would allow for circumstances where the Police might apply or decide to apply to have a property restrained but it was sold before either the application or the restraining order is made.
Under the bill as introduced the proceeds of such a sale can be restrained but not forfeited, and the remainder after mortgagees have been paid out would have to be paid to the respondent.

The amendment would allow Police to apply to have the residual funds forfeited.

We consider that this issue needs to be addressed.

Restraining orders In the bill as introduced it is not clear in what circumstances property acquired after a restraining order was made could be restrained.
We recommend amending the bill to make it clear that this type of prop- erty could only be restrained by the operation of an earlier restraining 4 Criminal Proceeds (Recovery) Bill Commentary order if that order explicitly applied to subsequently acquired prop- erty.
Excluding severable interests We recommend amending clauses 30 and 66 to clarify that the first opportunity for a third party to have severable property separated from a restraining order or to be granted relief from a civil forfeiture order would be at the hearing for making the restraining order or the civil forfeiture order, as the case might be.
We do not consider it appropriate for courts to be forced to hold initial hearings about severing property before the substantive restraining order hearing, or granting relief before the hearing regarding a civil forfeiture order.

Interests on titles We recommend that both clauses 50 and 70 be amended so that when an asset or instrument forfeiture was made, it is clear that where land vests in the Crown, only the interests affected by the order are can- celled.
Land titles may have an interest on them that should not be disturbed, such as a public right of way on land.

We want to make sure that an instrument or asset forfeiture order would affect only those interests on a title that the Crown intends it to affect when the land is vested in the Crown.

Notices Production notice We recommend deleting clause 111, which allows the Director of the recovery body to issue a notice in writing to a person, requiring the production of documents.
Many submitters were concerned about the lack of judicial oversight of this process.

We are concerned that without such oversight this power might be abused.

We heard that the Police would be able to carry out all civil recovery functions us- ing production orders under clauses 112 and 113 of the bill, and the further production notices would not be needed.

The deletion of this clause would require consequential amendments throughout the bill.
Commentary Criminal Proceeds (Recovery) Bill 5 Examination notice We recommend amending clause 114 and inserting new clause 113A so that it would be necessary to obtain judicial authorisation to re- quire a person to appear before the Commissioner to answer ques- tions, supply information and produce documents for inspection.

In the bill as introduced there is no requirement for judicial authorisa- tion and, as with production notices, submitters were concerned by the potential for abuse of power.
We consider that replacing the no- tice power with the power to seek an examination order with judicial oversight would provide better safeguards.

Duration of orders We recommend amending clause 113(3) of the bill so that production orders were in force for no more than 30 days.

There does not seem to be any significant reason for these orders to last for three months as proposed, and we consider 30 days to be more appropriate.
Retention of documents We recommend amending clauses 113(5) and 114(4) so that docu- ments obtained under production or examination orders could be re- tained only as long as was reasonably necessary.

There is no reason to retain documents once they have served their purpose under an order.
Immunity from liability We recommend inserting new clause 115A to align the bill more closely with section 18 of the Financial Transactions Reporting Act 1996 in terms of the protections for a person who complies with clauses 111 to 114 of this bill.

Section 18 of the Financial Trans- actions Reporting Act provides immunity for people who disclose information about transactions involved in money laundering.
Sub- mitters were concerned that the bill as drafted would put strain on the relationship between financial institutions and clients.

We con- sider that providing positive immunity to financial institutions and the people working for them would protect these institutions.
6 Criminal Proceeds (Recovery) Bill Commentary Application for search warrants We recommend amending sub-clause 121(3)(a) so that the applicant for a search warrant must disclose in the application any other ap- plications made under this legislation to search the property that he or she knows of, and the result of those applications.
In the bill as introduced the applicant is required to disclose all searches of an ad- dress, but we were informed that it will not be possible for the Police to provide this information using their present systems.

We consider that narrowing the scope of legislation to which this sub-clause ap- plied would mean that its requirements could be fulfilled.
Professional privilege We recommend inserting new clause 167A to protect tax advisors with a form of professional privilege similar to that available under the bill for the legal profession.

We consider that this privilege should be similar to that afforded by the Tax Administration Act, whereby an advisor must be subject to a code of conduct and disciplinary process and belong to an approved advisory group, which is defined in the Act.
Since New Zealand’s tax system is one of voluntary compli- ance, we recommend protecting tax advisors to maintain their good cooperation.

Self-incriminating statements We recommend amending clauses 171 and 172 to clarify circum- stances in which self-incriminating statements can be used.

We understand there has been some uncertainty about self-incriminating statements given in the course of answering questions, providing information, producing a document, or providing an explanation.
There was also uncertainty as to whether these statements could be used in proceedings not related to this bill and its offence provision.

We recommend amending clauses 171 and 172 so these statements could be used only in civil or criminal proceedings as proof that a respondent has perjured himself or herself, or in proceedings related to this bill and its offence provisions.
Commentary Criminal Proceeds (Recovery) Bill 7 Disclosure of information held by the Inland Revenue Department We recommend inserting new clause 222A, which amends section 87 of the Tax Administration Act 1994, because of the disclosures authorised in clause 104 of this bill.
Clause 104 of the bill allows information to be shared between the Commissioner of Police and the Inland Revenue Department, while section 87 of the Tax Admin- istration Act details the kinds of people with access to restricted in- formation.

We recommend new clause 222A be inserted to permit authorised disclosures of information from the Inland Revenue De- partment to the Police for the purposes of civil recovery.

We also recommend that the references to “associated persons” be removed from clause 104.
We do not consider the term to be suffi- ciently clear, and fear it could cause practical difficulties.

Issues considered Some of us were concerned that the bill does not allow respondents to pay for a legal defence out of restrained property.

We considered allowing the courts to decide whether a person could use his or her restrained property to fund a legal defence, and were divided on the answer.
We were assured that clauses 215 and 216 of the bill, which amend the Legal Services Act 2000, would ensure that respondents to civil forfeiture matters who had restrained property would usually be eligible for legal aid.

8 Criminal Proceeds (Recovery) Bill Commentary Appendix Committee process The Criminal Proceeds (Recovery) Bill was referred to the committee on 20 March 2007.

The closing date for submissions was 16 May 2007.


We received and considered 26 submissions from interested groups and individuals.

We heard 14 submissions.

We received advice from the Ministry of Justice and the New Zealand Police.
Committee membership Ron Mark (Deputy Chairperson until 5 March 2008, Chairperson from 5 March 2008) Hon David Benson-Pope (from 7 November 2007) (Deputy Chair- person from 5 March 2008) Chester Borrows Martin Gallagher (Chairperson until 4 March 2008) Hon Darren Hughes (from 7 November 2007) Hon Luamanuvao Winnie Laban (until 7 November 2007) Jill Pettis (until 7 November 2007) Simon Power Nándor Tánczos (non-voting member for this item of business until 27 June 2008) Kate Wilkinson Criminal Proceeds (Recovery) Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Annette King Criminal Proceeds (Recovery) Bill Government Bill Contents Title Commencement Purpose Overview Part 1 Preliminary provisions Purpose Overview Interpretation Interpretation Meaning of significant criminal activity Meaning of unlawfully benefited from significant criminal activity Application Parts 1 and 2 to bind the Crown Application Part 2 Criminal proceeds and instruments forfeiture regime Subpart 1—General provisions 10 11 Nature of proceedings Restraint not necessary before forfeiture 81—2 Page 15 16 16 16 17 23 24 24 24 24 25 1 Criminal Proceeds (Recovery) Bill Conversion of restrained property and foreign restrained property No identifiable owner required for certain proceedings relating to specific property Differing grounds for restraining and later forfeiting property No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order Quashing criminal proceedings does not impact on civil forfeiture Multiple forfeiture orders and foreign forfeiture orders Subpart 2—Restraining orders Applying for restraining order Applying for restraining order Application for restraining order to identify proposed restrained property, respondent (if any), and interest holders Court to which application for restraining order made Applications for restraining order made on and without notice Application for
 restraining order on notice Application for restraining order without notice Being heard at hearing for restraining order 23 Who may be heard at hearing for restraining order Making restraining orders 24 25 26 Making restraining order relating to specific property Making restraining order relating to all or part of respondent’s property Making restraining order relating to instrument of crime Registration of restraining orders 27 Registration of restraining orders on registers Conditions on restraining order 28 Conditions on restraining order Undertakings as to damages or costs in relation to restraining orders Undertakings as to damages or costs in relation to restraining orders 29 2 25 25 26 26 26 26 27 27 27 28 28 29 29 29 30 31 31 32 Criminal Proceeds (Recovery) Bill Excluding severable interest from restrained property Excluding severable interest from restrained property Excluding severable interest from restrained property when applicant mortgagee Disposition or dealings set aside from restrained property Certain disposition or dealing set aside from restrained property Further orders associated with restraining orders Applying for further orders Making further orders Types of further orders Impact of certain further orders Duration of restraining orders and further orders Duration of restraining orders and further orders Duration of restraining order when application for forfeiture order declined Duration of restraining order when application without notice Duration of restraining order relating to instrument of crime in certain circumstances Extending duration of restraining order Additional matters relating to extending duration of restraining order Subpart 3—Civil forfeiture orders Applications for civil forfeiture orders Who may apply Application to High Court Notice and entitlement to be heard in relation to civil forfeiture orders Application for civil forfeiture order on notice Who may be heard at hearing for civil
 forfeiture order Matters relating to application for civil forfeiture order Amending application for civil forfeiture order Notice of application for civil forfeiture order may be recorded on registers Criminal Proceeds (Recovery) Bill 49 50 51 Application for assets forfeiture order Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known) Making assets forfeiture order Making assets forfeiture order Exclusion of respondent’s property from assets forfeiture order because of undue hardship Application for profit forfeiture order 52 Contents of application for profit forfeiture order Making profit forfeiture order Value of benefit presumed to be value in application High Court must determine maximum recoverable amount Making profit forfeiture order Exclusion of respondent’s property from profit forfeiture order because of undue hardship Profit forfeiture order if respondent has absconded Court may treat effective control over property as interest in property Matters associated with making civil forfeiture order Additional matters in respect of making civil forfeiture order Civil forfeiture order relating to land Relief from civil forfeiture order for persons other than respondent Person (other than respondent) may apply for relief before civil forfeiture order made or declined Person (other than respondent) may apply for relief for limited period after civil forfeiture order made Application for relief from civil forfeiture order to identify nature and reasons for relief sought Application for relief from civil forfeiture on notice Appearing at hearing for relief from civil forfeiture order Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity 53 54 55 56 57 58 59 60 61 62 63 64 65 66 4
Criminal Proceeds (Recovery) Bill Making order for relief from civil forfeiture order on grounds of undue hardship Matters associated with relief from civil forfeiture order when interest severable Matters associated with relief from civil forfeiture order when interest not severable Subpart 4—Instrument forfeiture orders Effect of instrument forfeiture order Effect of instrument forfeiture order Additional matters in respect of making instrument forfeiture order Instrument forfeiture order relating to land Disposal of forfeited property under instrument forfeiture order in certain circumstances Time restraints on disposal of property forfeited under instrument forfeiture order Discharge of instrument forfeiture order on appeal or quashing of conviction Official Assignee may apply for directions regarding discharge of instrument forfeiture order under section 74 Double benefit not permitted Applications for relief relating to instrument forfeiture order 77 Applications for relief from instrument forfeiture order Third party appeals from instrument forfeiture order 78 79 Third party appeals from instrument forfeiture order Power of appeal court to vary offender’s sentence Subpart 5—Official Assignee Preserving value of certain property 80 Preserving value of certain property No liability for certain payments 81 Official Assignee not liable for certain payments on certain property 52 52 52 53 53 54 54 54 55 56 56 57 58 58 59 Discharge of assets forfeiture orders by Official Assignee 82 Discharge of assets forfeiture order by Official Assignee 59 5 Criminal Proceeds (Recovery) Bill 83 84 85 86 Discharge of profit forfeiture order by Official Assignee Discharge of profit forfeiture order by Official Assignee Bankruptcy in relation to profit forfeiture order Discharge of instrument forfeiture order by Official Assignee Discharge of instrument forfeiture order by Official Assignee Discharge
 of foreign forfeiture order registered in New Zealand by Official Assignee Discharge by Official Assignee of foreign forfeiture order registered in New Zealand Costs recoverable by Official Assignee 87 Costs recoverable by Official Assignee Delegation by Official Assignee 88 89 90 Delegation by Official Assignee Acting under delegation from Official Assignee Revocation of delegation from Official Assignee Subpart 6—Role of police 91 Interpretation Functions of Commissioner of Police 93 Independence Challenge to exercise of Commissioner’s decisions, powers, and duties Effect of proceedings relating to Commissioner’s powers and duties Effect of final decision that exercise of powers unlawful Approval of settlements High Court must approve settlement between Commissioner and other party Delegation of functions or powers of Commissioner of Police Delegation of functions or powers of Commissioner of Police 95 96 97 98 6 60 61 62 63 63 64 65 66 66 67 68 68 69 70 Criminal Proceeds (Recovery) Bill Outside investigators appointed by Commissioner 99 104 105 Exercise of powers by outside investigators Disclosure to Commissioner of Police of information held by Inland Revenue Department Destruction of information supplied under section 104 Subpart 7—Investigative powers 106 Interpretation Police powers 107 109 110 Police may obtain warrant to search for and seize evidence and property Commissioner’s powers Commissioner may obtain warrant to search for and seize evidence and property Commissioner to transfer property to Official Assignee Production orders Application for production order 112 Court may make production order 113 113A Application for examination order Examination order 114 Power to require attendance before Commissioner, production of documents, etc Non-compliance with production order or examination order 115 Power to obtain search warrant for non-compliance with production order or examination order 115A Immunity from liability for disclosure of information
 under this Act Official Assignee’s powers Official Assignee may apply for warrant to search for and seize property Official Assignee to hold property Return of seized property Retention of seized property if forfeiture order made General rules about search warrants Application of sections 121 to 128 Application for search warrant 116 117 118 119 120 121 70 74 75 76 76 77 78 80 80 81 82 84 85 85 86 87 87 88 88 7 Criminal Proceeds (Recovery) Bill Form and content of search warrant 122 123 When search warrant is executed 124 125 126 127 128 Powers conferred by search warrant Powers of persons called to assist Person executing warrant to produce evidence of authority Inventory of items seized Compliance with certain provisions unnecessary in some circumstances 129 Form and content of orders Orders Warrants and powers associated with foreign restraining orders and foreign forfeiture orders 130 Warrants associated with foreign restraining orders and 131 132 133 134 135 136 137 foreign forfeiture orders Powers of Commissioner in relation to warrants associated with foreign restraining orders and foreign forfeiture orders Powers of Official Assignee in relation to warrants associated with foreign restraining orders and foreign forfeiture orders Provisions associated with foreign restraining orders and foreign forfeiture orders Subpart 8—Foreign restraining orders and foreign forfeiture orders Interim foreign restraining orders Interim foreign restraining order Expiry of interim foreign restraining orders Extending duration of interim foreign restraining order Additional matters relating to extending duration of interim foreign restraining order Registering foreign restraining orders 138 Who may apply to register foreign restraining order 139 Application to register foreign restraining order made to High Court Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders Effect of registering foreign restraining order in New Zealand 140 141 8 89 89 90 91
 92 93 94 94 95 95 95 96 96 97 97 98 98 98 98 100 Criminal Proceeds (Recovery) Bill 142 143 144 145 146 Duration of foreign restraining order and further orders Duration of foreign restraining order registered in New Zealand and associated further orders Duration of registration of foreign restraining order when application without notice Extension of duration of registration of foreign restraining order Additional matters relating to extension of registration of foreign restraining order Exclusion of interest from foreign restraining order registered in New Zealand Registering foreign forfeiture orders 147 Who may apply to register foreign forfeiture order 148 Application to register foreign forfeiture order made to High Court Notice of registration of foreign forfeiture order Registering foreign forfeiture order Notice of registration of foreign forfeiture order may be recorded on registers Additional matters in respect of registering foreign forfeiture order Registering foreign forfeiture order relating to land Relief from foreign forfeiture order registered in New Zealand Relief from foreign forfeiture order registered in New Zealand High Court may grant relief from foreign forfeiture order registered in New Zealand Subpart 9—Miscellaneous Offences Contravention of restraining orders or foreign restraining orders Contravention of forfeiture orders or foreign forfeiture orders Failing to comply with orders and search warrants Search order not to be disclosed Offence to disclose existence or operation of search order Offence of obstruction Criminal Proceeds (Recovery) Bill Compliance not actionable 163 Compliance not actionable 164 Indemnity for enforcement officers Indemnity 165 Operation of other laws not affected Operation of other laws Effect of exercise of powers on duties of confidentiality Duties as to confidentiality generally
 overridden Legal professional privilege 166 167 167A Privilege in relation to tax advice 168 Certain provisions not to apply to police, Inland Revenue, Statistics, and Reserve Bank officers Privilege against self-incrimination no excuse 169 170 171 172 Admissibility of evidence Admissibility of evidence Admissibility of self-incriminating statements Admissibility of evidence given to court or Official Assignee Arrangements to avoid operation of Parts 1 and 2 or Sentencing Act 2002 173 Arrangements to avoid operation of Parts 1 and 2 or Sentencing Act 2002 174 Giving of notices Notices Effect of death 175 176 Effect of death Effect of death of joint owner of restrained property 177 Repeal Repeal Transitional provisions 178 Proceeds of Crime Act 1991 continues in force for certain purposes Regulations and rules 179 Regulations 10 110 110 111 111 112 113 113 114 114 114 115 116 117 117 118 118 118 119 Criminal Proceeds (Recovery) Bill 180 Rules Subpart 10—Consequential amendments to other enactments Amendments to Crimes Act 1961 Amendments to Crimes Act 1961 Defence of enforcement of enactment Destruction of relevant records made by use of interception device Restriction on admissibility of evidence of private communications lawfully intercepted Amendments to Customs and Excise Act 1996 Amendments to Customs and Excise Act 1996 Detention of goods suspected to be tainted property Further provisions about detention under section 166A Return of goods detained under section 166A Amendments to Evidence Act 2006 Amendment to Evidence Act 2006 Undercover police officers Amendments to Financial Transactions Reporting Act 1996 Amendments to Financial Transactions Reporting Act 1996 Title amended Verification of identity where money laundering or proceeds of crime suspected Offences Financial institutions to report suspicious transactions Auditors may report suspicious transactions Protection of identity of persons making suspicious transaction reports Offences Commissioner to issue
 guidelines relating to reporting of suspicious transactions Application of Privacy Act 1993 Application of Privacy Act Criminal Proceeds (Recovery) Bill Amendments to International Crimes and International Criminal Court Act 2000 202 Amendments to International Crimes and International Criminal Court Act 2000 Interpretation Attorney-General may authorise measures 203 204 205 Method of registration of order 206 New sections 130 and 131 substituted Effect of registration of order 130 Forfeiture order may be treated as profit forfeiture 131 order 207 Cancellation of registration order 208 209 210 211 212 213 Amendments to International War Crimes Tribunals Act 1995 Amendments to International War Crimes Tribunals Act 1995 New section 43 substituted 43 Registered forfeiture orders Cancellation of registration of forfeiture order Effect of registration of order Amendment to Judicature Act 1908 Amendment to Judicature Act 1908 Application of Part 4A Amendments to Legal Services Act 2000 Amendments to Legal Services Act 2000 214 215 When legal aid may be granted: civil matters 216 Schedule 1 amended 217 218 219 220 Amendment to Misuse of Drugs Act 1975 Amendment to Misuse of Drugs Act 1975 Laundering proceeds of drug offences Amendment to Summary Proceedings Act 1957 Amendment to Summary Proceedings Act 1957 Part 2 of Schedule 1 amended Amendments to Tax Administration Act 1994 221 Amendments to Tax Administration Act 1994 Officers to maintain secrecy 222 222A Further secrecy requirements 12 124 124 125 125 125 125 126 126 127 127 127 127 127 127 128 128 128 128 129 129 129 129 130 130 130 Criminal Proceeds (Recovery) Bill Amendments to Terrorism Suppression Act 2002 Amendments to Terrorism Suppression Act 2002 Prohibition on dealing with property of, or derived or generated from property of, terrorist
 and associated entities Further provisions about detention under section 47A Variation, revocation, or expiry of direction New section 51 substituted 51 Further provisions on management of property subject to section 9 New section 57 substituted 57 Further provisions relating to orders under section 55 New section 71 substituted 71 Criminal Proceeds (Recovery) Act 2006 not affected 223 224 225 226 227 228 229 230 Section 81 repealed Part 3 Amendments to Mutual Assistance in Criminal Matters Act 1992 and Sentencing Act 2002 Subpart 1—Amendments to Mutual Assistance in Criminal Matters Act 1992 231 232 233 234 Purpose of subpart Principal Act amended Interpretation New sections 2A and 2B inserted 2A Certain investigations relating to civil proceedings deemed to be criminal investigations Certain civil proceedings deemed to be criminal proceedings 2B 235 236 Object of Act New headings and sections 21 and 22 substituted Request to enforce orders under Criminal Proceeds (Recovery) Act 2006 21 Request to enforce orders under Criminal Proceeds (Recovery) Act 2006 131 131 131 131 131 132 132 133 133 133 134 134 134 134 140 140 141 141 142 142 13 Criminal Proceeds (Recovery) Bill Request to issue warrant or order in foreign country 22 Request to issue warrant or order in foreign country 237 238 Refusal of assistance New sections 54 to 62A and headings substituted 54 55 56 57 58 Requests to enforce foreign restraining orders and foreign forfeiture orders Request to enforce foreign restraining order Request to enforce foreign forfeiture order Method for registering foreign orders in New Zealand Effect of registering foreign orders in New Zealand Cancelling registration of foreign orders in New Zealand Requests by foreign countries for orders or warrants in New Zealand Request for search warrant in New Zealand Interim foreign restraining order Request for production order in New Zealand Request for examination order in New Zealand 59 60 62 62A Certificates given by
 Attorney-General Savings and transitional provisions Consequential amendment to Customs and Excise Act 1996 Amendment to Customs and Excise Act 1996 Return of goods detained under section 166A Subpart 2—Amendments to Sentencing Act 2002 Principal Act amended Purpose Application Interpretation New heading and new section 10B inserted Taking account of instrument forfeiture order or successful application for relief 10B Court must take into account instrument forfeiture order or successful application for relief Criminal Proceeds (Recovery) Bill 248 249 250 Power of adjournment for inquiries as to suitable punishment Access to reports New heading and sections 142A to 142Q inserted Instrument forfeiture orders 142A Interpretation of terms used in sections 142B to 142Q 142B Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence 142C Duties of court on notification 142D Notice of possible instrument forfeiture order may be recorded on registers 142E Duties of prosecutor as to service 142F Court may require further information 142G Independent valuation of property 142H Court may order declaration of ownership to be completed 142I Determining ownership of property 142J Applications for relief from instrument forfeiture order 142K Hearings concerning instrument forfeiture orders 142L Court may grant relief from instrument forfeiture order to applicant who establishes interest in property 142M Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship 142N Instrument forfeiture orders 142O Offence of providing false or misleading information under section 142F 142P Evidence in instrument forfeiture order proceedings 142Q Relationship with other provisions in Act The Parliament of New Zealand enacts as follows: 1 Title This Act is the Criminal Proceeds (Recovery) Act 2006. cl 1
 154 154 154 155 155 155 155 156 156 157 157 158 158 159 160 161 161 163 163 163 15 Criminal Proceeds (Recovery) Bill Commencement This Act comes into force on the date that is 8 months after the day on which it receives the Royal assent.
Part 1 Preliminary provisions Purpose 5 Purpose The primary purpose of Parts 1 and 2 is to establish a regime for the forfeiture of property— (a) that has been derived directly or indirectly from signifi- 10 cant criminal activity; or that represents the value of a person’s unlawfully de- rived income.
(b) The criminal proceeds and instruments forfeiture regime es- tablished under Part 2 proposes to— (a) 15 eliminate the chance for persons to profit from under- taking or being associated with significant criminal ac- tivity; and deter significant criminal activity; and reduce the ability of criminals and persons associated 20 with crime or significant criminal activity to continue or expand criminal enterprise; and deal with matters associated with foreign restraint re- straining orders and foreign forfeiture orders that arise in New Zealand.
25 (b) (c) (d) Overview Overview In general terms, Parts 1 and 2— (a) provide for the restraint and forfeiture of property de- rived as a result of significant criminal activity without 30 the need for a conviction; and set out certain procedural matters relating to the forfei- ture of instruments of crime if a conviction has been or may be entered.
Many aspects of the conviction-based (b) cl 2 2 3 (1) (2) 4 (1) 16 Criminal Proceeds (Recovery) Bill Part 1 cl 5 forfeiture regime are included in the Sentencing Act 2002.
(2) More specifically,— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) this Part deals with preliminary matters including, without limitation, interpretation and the application of 5 Parts 1 and 2; and subpart 1 of Part 2 deals with general matters relat- ing to the criminal proceeds and instruments forfeiture regime; and subpart 2 of Part 2 deals with the restraint of property 10 that may later become the subject of a forfeiture order; and subpart 3 of Part 2 deals with civil forfeiture orders (which are assets forfeiture orders and profit forfeiture orders); and subpart 4 of Part 2 deals with certain procedural mat- ters associated with conviction-based instrument forfei- ture orders; and subpart 5 of Part 2 sets out the powers of the Official Assignee; and subpart 6 of Part 2 sets out the powers of the recovery body the police; and subpart 7 of Part 2 provides for investigative powers for various agencies; and subpart 8 of Part 2 deals with foreign restraint re- 25 straining orders and foreign forfeiture orders; and subpart 9 of Part 2 deals with certain miscellaneous matters; and subpart 10 of Part 2 sets out consequential amend- ments.
30 20 15 (3) This overview is by way of explanation only.

If any provision of Parts 1 and 2 conflicts with this overview, the other pro- vision prevails.
Interpretation 5 (1) Interpretation In Parts 1 and 2, unless the context otherwise requires,— 35 17 Part 1 cl 5 Criminal Proceeds (Recovery) Bill 5 all or part of a respondent’s property means all or part of the property in which an identifiable respondent has an interest assets forfeiture order means an order made under section 50(1) benefit includes proceeds and property civil forfeiture order means an assets forfeiture order or a profit forfeiture order Commissioner means the Commissioner of Police convert means, in relation to property, to change it from one form to another, whether by sale or by some other means (for 10 example, selling a car and buying a boat with the proceeds of the sale) dealing with property includes— (a) if a debt is owed by a person, making a payment to any person to reduce that debt; and removing property from New Zealand; and (b) receiving or making a gift of property; and (c) registering an interest in property (d) dealing with, in relation to property,— (a) means to use or deal with property in any way and by 20 15 (b) any means; and includes,— (i) 25 (ii) (iii) (iv) if a debt is owed by a person, making a payment to any person to reduce that debt; and removing property from New Zealand; and receiving or making a gift of property; and registering an interest in property department has the same meaning as in section 2(1) of the State Sector Act 1988 Director or Director of Criminal Proceeds Confiscation 30 means the chief executive of the recovery body document— (a) means a document in any form (including, without limi- tation, a document in an electronic form); and includes (without limitation) any of the following: (i) (ii) any writing on any material: information recorded or stored by means of a tape recorder, computer, or other device: (b) 35 18 Criminal Proceeds (Recovery) Bill Part 1 cl 5 (iv) (iii) material subsequently derived from information recorded or stored in the manner described in subparagraph (ii): labels, markings, or other writing that identifies or describes any
 thing of which it forms part, or 5 to which it is attached by any means: books, maps, plans, graphs, or drawings: photographs, films, negatives, tapes, or any other device in which 1 or more visual images are em- bodied so as to be capable (with or without the aid 10 of some other equipment) of being reproduced (v) (vi) 20 15 financial institution has the same meaning as in section 3 of the Financial Transactions Reporting Act 1996 foreign country has the same meaning as in section 2(1) of the Mutual Assistance in Criminal Matters Act 1992 foreign forfeiture means all matters associated with a foreign forfeiture order (including, without limitation, registering a foreign forfeiture order in New Zealand) foreign forfeiture order has the same meaning as in section 2(1) of the Mutual Assistance in Criminal Matters Act 1992 foreign order means a foreign forfeiture order or a foreign restraining order foreign qualifying forfeiture offence has the same meaning as in section 2(1) of the Mutual Assistance in Criminal Matters Act 1992 foreign restrained property means property that is the sub- ject of a foreign restraining order foreign restraining order has the same meaning as in section 2(1) of the Mutual Assistance in Criminal Matters Act 1992 foreign restraint means all matters associated with a foreign 30 restraining order (including, without limitation, registering a foreign restraining order in New Zealand) forfeited property means property that is the subject of a for- feiture order forfeiture order means an assets forfeiture order, a profit for- 35 feiture order, or an instrument forfeiture order 25 19 Part 1 cl 5 Criminal Proceeds (Recovery) Bill former interest holder means, in relation to a forfeiture order, any person whose interest in property has been forfeited by the order instrument forfeiture order means an order made under sec- tion 142N of the Sentencing Act 2002 instrument of crime means— (a) 5 property used (wholly or in part) to commit or facilitate
 the commission of a qualifying instrument forfeiture of- fence; and in relation to a qualifying instrument forfeiture offence 10 that is an offence against section 8(1) or (2A) of the Terrorism Suppression Act 2002, includes funds (as de- fined in section 4(1) of that Act) allocated for the pur- poses of committing that offence; and in relation to any property referred to in paragraphs 15 (a) and (b), the proceeds of any disposition of that prop- erty or any other property into which that property is converted, after the commission of the qualifying in- strument forfeiture offence, except to the extent pro- vided otherwise by any order of a court under this Act 20 or the Sentencing Act 2002, excluding any severable in- terest or granting relief (b) (c) interest, in relation to property of any kind (including, without limitation, restrained property or forfeited property), means— (a) (b) a legal or equitable estate or interest in the property; or 25 a right, power, or privilege in connection with the prop- erty interim foreign restraining order means an order applied for under section 134 lawyer means a barrister or solicitor, as those terms are defined 30 in section 2 of the Law Practitioners Act 1982 Official Assignee means the Official Assignee for of New Zealand organisation means an organisation listed in Part 2 of Sched- ule 1 of the Ombudsmen Act 1975 profit forfeiture order means an order made under section 55 35 20 Criminal Proceeds (Recovery) Bill Part 1 cl 5 property means real or personal property of any kind— (a) whether situated in New Zealand or a foreign country; and whether movable or immovable (b) whether tangible or intangible; and (c) property— (a) means real or personal property of any kind— (a) whether situated in New Zealand or a foreign country; and 5 15 10 whether movable or immovable; and (b) whether tangible or intangible; and (c) includes an interest in real or personal property (b) proposed restrained property means property in relation
 to which a restraining order is sought prosecutor— (a) means, in relation to an application for a restraining order relating to an instrument of crime or to any mat- ter relating to an instrument forfeiture order, the person who is for the time being in charge of the file or files that relate to the criminal proceeding for the qualifying 20 instrument forfeiture offence to which the restraining order or instrument forfeiture order relates; and includes— (i) any other employee of the person or agency by whom the prosecutor is employed who has re- 25 sponsibilities for any matter directly connected with the proceedings; and any counsel representing the person who laid the information in the proceedings; and in the case of a private prosecution, the person 30 who laid the information and any counsel repre- senting that person qualifying instrument forfeiture offence— (a) means an offence punishable by a maximum term of (iii) (ii) (b) (b) imprisonment of 5 years or more; and includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more 35 21 Part 1 cl 5 Criminal Proceeds (Recovery) Bill recovery body means the department or organisation for the time being designated by the Attorney-General as the recovery body relevant period of criminal activity, in relation to an appli- cation for a profit forfeiture order, means the period that ends 5 on the date the application is made and starts 7 years before— the date of the application for the relevant restraining (a) order, if the application for the profit forfeiture order relates, wholly or in part, to restrained property; or the date of the application for the profit forfeiture order, 10 if the application for the profit forfeiture order does not relate to restrained property (b) respondent means,— (a) in relation to an application for a restraining order or forfeiture order, the person identified in
 that application 15 as the respondent (if any); and in relation to a restraining order or forfeiture order that has been made, the person in relation to whom that order is made (if any) (b) restrained property means property that is the subject of a 20 restraining order restraining order means an order made under section 24, 25, or 26 significant criminal activity has the meaning given to it in section 6 significant foreign criminal activity has the same meaning as in section 2(1) of the Mutual Assistance in Criminal Matters Act 1992 specific property means identifiable property in relation to which there may, but need not, be a person who is an iden- 30 tifiable owner tainted property— (a) means any property that has, wholly or in part, been— acquired as a result of significant criminal activ- ity; or directly or indirectly derived from significant criminal activity; and (ii) 35 25 (i) 22 Criminal Proceeds (Recovery) Bill Part 1 cl 6 (b) includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal activity unlawfully benefited from significant criminal activity has 5 the meaning given to it in section 7.
(2) A reference in Parts 1 and 2 to benefits, proceeds, or prop- erty being derived by a person (person A) includes benefits, proceeds, or property derived— (a) (b) directly or indirectly by person A; and by another person at the request or direction of per- son A.
10 6 (1) Meaning of significant criminal activity In Parts 1 and 2, unless the context otherwise requires, sig- nificant criminal activity means an activity engaged in by a 15 person that if proceeded against as a criminal offence would amount to offending— (a) that consists of, or includes, 1 or more offences punish- able by a maximum term of imprisonment of 5 years or more; or from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived.
(b) (2) A person is undertaking an activity of the kind described in subsection (1) whether or not— (a) the person has been charged with or convicted of an offence in connection with the activity; or the person has been acquitted of an offence in connec- tion with the activity; or the person’s conviction for an offence in connection 30 with the activity has been quashed or set aside.
(b) (c) (3) Any expenses or outgoings used in connection with an activity of the kind described in subsection (1) must be disregarded for the purposes of calculating the value of any property, pro- ceeds, or benefits under subsection (1)(b).
35 23 20 25 Part 1 cl 7 Criminal Proceeds (Recovery) Bill Meaning of unlawfully benefited from significant criminal activity In Parts 1 and 2, unless the context otherwise requires, a person has unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly, de- 5 rived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity).
Application Parts 1 and 2 to bind the Crown Parts 1 and 2 bind the Crown.
10 Application Parts 1 and 2 apply in respect of— (a) qualifying instrument forfeiture offences or, if applic- able, foreign qualifying forfeiture offences committed, 15 or believed to have been committed, before, on, or after the commencement of this section; and significant criminal activity or, if applicable, significant foreign criminal activity engaged in, or believed to have been engaged in, before, on, or after the commencement 20 of this section.
(b) Part 2 Criminal proceeds and instruments forfeiture regime Subpart 1—General provisions 25 Nature of proceedings Proceedings relating to any of the following are civil proceed- ings: (a) (b) (c) (d) (e) (ea) a restraining order: an order excluding an interest from restrained property: 30 an assets forfeiture order: a profit forfeiture order: an order for relief from a civil forfeiture order: an appeal from a civil forfeiture order: 7 8 9 10 (1) 24 Criminal Proceeds (Recovery) Bill Part 2 cl 13 (f) (g) (h) (i) an interim foreign restraining order: registering a foreign restraining order in New Zealand: registering a foreign forfeiture order in New Zealand: an order for relief from a foreign restraining order or foreign forfeiture order registered in New Zealand.
Proceedings relating to an instrument forfeiture orders are pro- ceedings under the Sentencing Act 2002 and, in relation to an appeal from an instrument forfeiture order, the Summary Proceedings Act 1957 or the Crimes Act 1961, as the case re- quires.
Compare: Criminal Assets Recovery Act 1990 s 5 (NSW) 5 10 Restraint not necessary before forfeiture Property may, but need not, be restrained property or foreign restrained property before it becomes forfeited property or the subject of a foreign forfeiture order registered in New Zealand.
15 Conversion of restrained property and foreign restrained property Restrained property converted into another form (converted property) remains restrained property for the purposes of the restraining order to which it is subject and for the purposes of 20 any forfeiture order made in relation to that property, despite the converted property not being having been the property that was originally restrained.
Foreign restrained property converted into another form (con- verted property) remains foreign restrained property for the 25 purposes of any foreign restraining order registered in New Zealand and for the purposes of any foreign forfeiture order registered in New Zealand in relation to that property, despite the converted property not having been the property that was originally restrained.
30 No identifiable owner required for certain proceedings relating to specific property In proceedings for a restraining order or an assets forfeiture order relating to specific property, an owner of that specific property need not be identified.

35 (2) 11 12 (1) (2) 13 (1) 25 Part 2 cl 14 Criminal Proceeds (Recovery) Bill (2) 14 15 16 (1) (2) Subsection (1) does not apply to proceedings to register a foreign restraining order.
Differing grounds for restraining and later forfeiting property If proceedings for a forfeiture order or to register a foreign 5 forfeiture order in New Zealand involve restrained property or property that was the subject of a foreign restraining order registered in New Zealand, the forfeiture order or the regis- tration of a foreign forfeiture order may be sought on grounds that differ from those on which the restraining order was made 10 or the foreign restraining order was registered.
No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order The significant criminal activity or significant foreign criminal activity on which a civil forfeiture order or registration of a 15 foreign forfeiture order in New Zealand is based does not need to be, or to have been, the subject of any criminal proceedings in New Zealand or a foreign country.
Quashing criminal proceedings does not impact on civil forfeiture Subsection (2) applies if criminal proceedings are com- menced or pending or have been withdrawn or determined in respect of any significant criminal activity that is the basis for— (a) (b) If this subsection applies, the order or application is not af- fected by the criminal proceedings, even if any conviction en- tered in those proceedings is or has been quashed or set aside.
an assets forfeiture order or a profit forfeiture order; or an application for an order of that kind.

20 25 30 17 Multiple forfeiture orders and foreign forfeiture orders (1) Nothing in Parts 1 and 2 restricts a court from making 1 or more of the following types of orders in relation to the same instance of significant criminal activity: (a) assets forfeiture orders: 26 Criminal Proceeds (Recovery) Bill Part 2 cl 20 instrument forfeiture orders: profit forfeiture orders.
(b) (c) Subsection (1) is subject to section 54(1)(b).

(2) (3) Nothing in Parts 1 and 2 restricts a court from registering 1 or more foreign forfeiture orders in New Zealand in relation 5 to the same instance of significant foreign criminal activity.
Subpart 2—Restraining orders Applying for restraining order 18 19 20 Applying for restraining order The following persons may apply for a restraining order: (a) the Director Commissioner may apply for a restraining order of the kind described in section 24 or 25 (which relate to restraining specific property or all or part of a respondent’s property): a prosecutor may apply for a restraining order of the 15 kind described in section 26 (which relates to restrain- ing an instrument of crime).
(b) 10 Compare: 1991 No 120 s 39(1) Application for restraining order to identify proposed restrained property, respondent (if any), and interest holders An application for a restraining order must identify the follow- ing: (a) (b) (c) the proposed restrained property; and the respondent (if any); and any other persons who, to the knowledge of the appli- cant, have an interest in the proposed restrained prop- erty.
Court to which application for restraining order made An application for a restraining order must be made to,— (a) in the case of an application made under section 24 or 25, the High Court; and in the case of an application made under section 26,— (i) the High Court; or (b) 20 25 30 27 Part 2 cl 21 Criminal Proceeds (Recovery) Bill (ii) if the charge of the offence with which the instru- ment of crime is associated has been or is to be tried in a District Court, the District Court.
Compare: 1991 No 120 s 39(1) Applications for restraining order made on and without notice 5 Application for restraining order on notice 21 (1) An applicant for a restraining order must,— (2) (a) so far as is practicable, serve a copy of the application on any person who, to the knowledge of the applicant, 10 has an interest in the proposed restrained property (in- cluding, if applicable, the respondent); and (b) serve a copy of the application on the Official Assignee.
The court hearing an application for a restraining order may, at any time before the application is finally determined, direct 15 the applicant to serve a copy of the application on a specified person or class of persons, in the manner and within the time that the court thinks fit.
Compare: 1991 No 120 s 40(a), (b) 20 Application for restraining order without notice 22 (1) A court which that receives an application for a restraining order may, on the request of the applicant, consider the ap- plication without notice being given to any or all of the per- sons mentioned in section 21(1)(a) if the court is satisfied that there is a risk of the proposed restrained property being 25 destroyed, disposed of, altered, or concealed if notice were given to the person or those persons.
If an application is made for a restraining order without notice, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with 30 speedily.

(2) (3) Any provisions of this subpart that relate to restraining orders applied for on notice apply, with any necessary modifications, to restraining orders applied for without notice.
Compare: 1991 No 120 s 41(1), (6) 35 28 Criminal Proceeds (Recovery) Bill Part 2 cl 25 Being heard at hearing for restraining order 23 Who may be heard at hearing for restraining order (1) The following persons are entitled to appear and adduce evi- dence at the hearing of an application for a restraining order: (a) (b) the applicant: any person who holds an interest in the proposed re- strained property (including, if applicable, the respond- ent): the Official Assignee.
(2) (c) Subsection (1) is subject to section 22.
Compare: 1991 No 120 s 40(c) 5 10 Making restraining orders 24 Making restraining order relating to specific property (1) A court hearing an application for a restraining order relating to specific property that may, if the court, is satisfied it has rea- 15 sonable grounds to believe that the property it specifies in the order (the restrained property) is tainted property may make an order that the restrained property any property is tainted property, make an order that the property (restrained prop- erty)— (a) is not to be disposed of, or dealt with, other than is provided for in the restraining order; and is to be under the Official Assignee’s custody and con- trol.
(b) 20 (2) A restraining order may be made under subsection (1) 25 whether or not there is a respondent in relation to whom the restraining order relates.
25 Making restraining order relating to all or part of respondent’s property (1) A court hearing an application for a restraining order relating 30 to all or part of a respondent’s property that may, if the court is satisfied it has reasonable grounds to believe that the respond- ent has unlawfully benefited from significant criminal activity, may make an order that the property it specifies in the order (restrained property)— 35 29 Part 2 cl 26 Criminal Proceeds (Recovery) Bill (a) (b) is not to be disposed of, or dealt with, other than is provided for in the restraining order; and is to be under the Official Assignee’s custody and con- trol.
(2) A restraining order made under subsection (1) may relate to 5 any of the following: (a) all or part of a respondent’s property (including property acquired after the making of the order): specified parts of a respondent’s property: all of a respondent’s property (including property ac- 10 quired after the making of the order) other than specif- ically excluded property.

property acquired by a respondent after the making of the order.
(ba) (b) (c) Compare: 1991 No 120 ss 39(2)(b), (c), 42(1) 15 26 Making restraining order relating to instrument of crime (1) A court hearing an application for a restraining order relating to an instrument of crime may, if either of the circumstances in paragraph (a) or (b) of subsection (2) exist, make an order that the property it specifies in the order (restrained prop- 20 erty)— (a) is not to be disposed of, or dealt with, other than is provided for in the restraining order; and is to be under the Official Assignee’s custody and con- trol.
(b) 25 The circumstances are— (a) that— (i) (ii) the respondent has been charged with a qualify- ing instrument forfeiture offence; and the court is satisfied it has reasonable grounds to 30 believe that the property referred to in the appli- cation is an instrument of crime used to facilitate that qualifying instrument forfeiture offence; or that the court is satisfied it has reasonable grounds to believe— (i) that the respondent will be charged with a quali- fying instrument forfeiture offence within 48 hours; and 35 (b) (2) 30 Criminal Proceeds (Recovery) Bill Part 2 cl 28 (ii) that the property referred to in the application is an instrument of crime used to facilitate that qualifying instrument forfeiture offence.
Compare: 1991 No 120 s 42(1) Registration of restraining orders 5 title to that property; or charges over that property.
Registration of restraining orders on registers Subsection (2) applies if a restraining order is made against property of a kind that is covered by a New Zealand enactment that enables the registration of— (a) (b) If this subsection applies, any authority responsible for admin- istering an enactment of the kind referred to in subsection (1) must, if requested to do so by the applicant for the restraining order, record on the register the particulars of the restraining 15 order.
If the particulars are so recorded on the register, any person who subsequently deals with the property is deemed to have notice of the restraining order at the time of those the dealing.
Compare: 1991 No 120 s 57 10 20 27 (1) (2) (3) Conditions on restraining order Conditions on restraining order 28 (1) A court may make a restraining order subject to any conditions the court thinks fit including, without limitation, conditions that provide for the following to be met out of a respondent’s 25 restrained property: (a) the reasonable living costs of the respondent and any of his or her dependants: the reasonable business expenses of the respondent: the payment of any specified debt incurred by the re- 30 spondent in good faith: any other expenses allowed by the court.
(2) Despite subsection (1)(d), a court may not allow any legal expenses to be met out of a respondent’s restrained property.

In determining whether or not to make a restraining order sub- 35 ject to a condition, the court must have regard to the ability of (b) (c) (d) (3) 31 Part 2 cl 29 Criminal Proceeds (Recovery) Bill (4) a respondent to meet the reasonable living costs, expenses, or debt concerned out of property that is not restrained property.
In this section a dependant is a person who is dependent on the respondent and who is either or both— (a) (b) Compare: 1991 No 120 s 42(2), (3) a child of the respondent: a member of the household of the respondent.
Undertakings as to damages or costs in relation to restraining orders 29 Undertakings as to damages or costs in relation to restraining orders 5 10 (1) A court may require an applicant for a restraining order, or an applicant for an extension of the duration of a restraining order under section 41, to give satisfactory undertakings with respect to the payment of damages or costs, or both, in relation 15 to the making, operation, or extension of the duration of the restraining order.
(2) A court may decline to make a restraining order or extend the duration of a restraining order if the applicant for the order or extension fails to give the court the undertakings with respect 20 to the payment of damages or costs, or both, that the court requires.

(3) Any expense incurred by the Crown in satisfaction of an under- taking given on behalf of the Crown under subsection (1) may be incurred without further appropriation than this sec- 25 tion.
Compare: 1991 No 120 s 45 Excluding severable interest from restrained property Excluding severable interest from restrained property 30 (1) A person (other than the respondent) who has a severable inter- est in proposed restrained property or restrained property may apply to the court that is to consider, or has considered, the ap- plication for a restraining order to have that person’s severable interest excluded from— (a) a restraining order that the court may make; or 30 35 32 (2) (3) Criminal Proceeds (Recovery) Bill Part 2 cl 30 a restraining order the court has made.
(b) The court must exclude the a severable interest from the pro- posed restrained property or restrained property at, or after, the time a restraining order is made if the applicant proves on the balance of probabilities that— (a) that the applicant has an interest in the property to which the restraining order relates; and the applicant— (i) 5 has not unlawfully benefited from the significant criminal activity to which the restraining order 10 relates, if the order is made under section 24 or 25; or (ii) was not involved in the qualifying forfeiture of- fence to which the restraining order relates, if the order is made under section 26.
15 if the order was or is to be made under section 24 or 25, that the applicant has not unlawfully benefited from the significant criminal activity to which the restraining order relates; and if the order was or is to be made under section 26, 20 that the applicant was not involved in the qualifying instrument forfeiture offence to which the restraining order relates.
(b) (b) (c) The court may exclude the a severable interest from the pro- posed restrained property or restrained property at, or after, the 25 time a restraining order is made if it considers that it is in the public interest to do so, having regard to all the circumstances, including, without limitation,— (a) any undue hardship that is reasonably likely to be caused to any person by the severable interest property being made or having been made restrained property: the gravity of the significant criminal activity or quali- fying instrument forfeiture offence with which the prop- erty in which the person has a severable interest is as- 35 sociated: the likelihood that the interest will become subject to a forfeiture order.
Compare: 1991 No 120 s 48 in 30 (b) (c) 33 Part 2 cl 31 Criminal Proceeds (Recovery) Bill 31 (1) (2) Excluding severable interest from restrained property when applicant mortgagee Subsection (2) applies if— (a) an applicant to exclude a severable interest from pro- posed restrained property or restrained property under 5 section 30(1) is a mortgagee; and as a result of the mortgagee’s application, a court ex- cludes the mortgagee’s interest; and the property that is the subject of the mortgage is sold in order to exclude the mortgagee’s interest from the 10 restrained property.
(b) (c) If this subsection applies, any proceeds resulting from the sale of the property that are payable to the mortgagor are, if the restraining order is made, restrained property, despite the pro- ceeds from the sale not being property that the court originally 15 restrained.
Compare: 1991 No 120 s 48 Disposition or dealings set aside from restrained property 32 Certain disposition or dealing set aside from restrained property 20 (1) A successful applicant for a restraining order may apply to the court that made the restraining order for an order that a dis- position or dealing be set aside on the ground that restrained property was disposed of, or otherwise dealt with, in contra- 25 vention of the restraining order.
(2) On an application under subsection (1), the court may— set the disposition or dealing aside— (i) (a) (b) as from the day on which the disposition or deal- ing took place; or as from the day of the order; and (ii) declare the respective rights of any persons who ac- quired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.
30 35 Compare: 1991 No 120 s 59 34 Criminal Proceeds (Recovery) Bill Part 2 cl 35 Further orders associated with restraining orders Applying for further orders 33 (1) An application for a further order may be made by— (a) (b) the applicant for the restraining order with which the 5 further order is associated; or a person with an interest in the restrained property or proposed restrained property with which the further order is associated; or the Official Assignee; or 10 (c) (d) with the leave of the court, any other person.
The application must be served on every person (other than the applicant) who is a party to the proceeding in which— (a) the making of the associated restraining order is to be considered; or a the associated restraining order was made.
(b) Compare: 1991 No 120 s 47(3) 15 (2) 34 Making further orders (1) A court that makes a restraining order may, if it considers it appropriate, On an application under section 33(1), a court 20 may, if it considers it appropriate, make further orders in rela- tion to the restrained property (which may, but need not, be an order of any 1 or more of the types referred to in section 35).
(2) A further order may be made— (a) (b) at the time the associated restraining order is made; or at any later time before the expiry of the associated re- straining order with which it is associated.
25 Compare: 1991 No 120 s 47(1) 35 Types of further orders Without limiting the generality of section 34(1), a court may, 30 on an application under section 33(1), make 1 or more of the following further orders in relation to restrained property: (a) an order varying the restrained property to which a re- straining order relates: an order varying any condition to which a restraining 35 order is subject: (b) 35 Part 2 cl 36 Criminal Proceeds (Recovery) Bill (c) (d) (e) an order for any person (including, without limitation, the respondent) to be examined by the court or the regis- trar of the court concerning the nature and location of any restrained property: an order relating to the carrying out of any undertaking 5 given under section 29: an order relating to the Official Assignee that— (i) 10 regulates the manner in which the Official As- signee may exercise his or her powers or perform his or her duties under a restraining order: determines any question relating to the restrained property (including any question relating to the liabilities of any person holding an interest in the restrained property), or the exercise of the powers, or the performance of the duties, of the 15 Official Assignee: requires the examination, before the Official As- signee, of any person holding an interest in the restrained property or any other person, concern- ing the nature and location of the restrained prop- 20 erty: directs any person holding an interest in the re- strained property to furnish the Official Assignee, within the time specified in the order, with a state- ment on oath setting out any particulars of that 25 interest or that property that the court thinks fit: directs the Official Assignee to sell restrained property (including, without limitation, a busi- ness) in order to preserve the value of the re- strained property: directs the Official Assignee to make mortgage payments or payments in respect of any other encumbrance from the restrained property.
30 (ii) (iii) (iv) (v) (vi) Compare: 1991 No 120 s 47(2) Impact of certain further orders 36 (1) A person to whom an order made under section 35(c) or (e)(iii) or (iv) applies, is not excused from answering any question, or furnishing any information, on the ground that 35 36 Criminal Proceeds (Recovery) Bill Part 2 cl 37 compliance with that requirement could or would tend to in- criminate that person or subject that person to any penalty or forfeiture.
(2) An examination by the Official Assignee under an order made under section 35(e)(iii) is a judicial proceeding within the 5 meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

(3) A person required to be examined under an order made under section 35(c) or (e)(iii) must, before being required to com- ply with any requirements imposed by the order, be given a 10 reasonable opportunity to arrange for a lawyer to accompany the person.
The proceeds of a sale resulting from an order made under section 35(e)(v) are restrained property, despite the proceeds from the sale not being the property that the court originally 15 restrained.
Compare: 1991 No 120 s 47(5), (6) (4) Duration of restraining orders and further orders 37 Duration of restraining orders and further orders (1) A restraining order expires on the earlier of the following: (a) (b) the date that is the end of the period that is 1 year after the date on which the restraining order is made: the date of the making or declining of a forfeiture order associated with the same property.
20 25 (2) Despite subsection (1),— (a) (b) (c) if a court declines to make a forfeiture order, but the ap- plicant indicates that the applicant will appeal that de- cision, a restraining order expires on the date specified in section 38; and if a restraining order is applied for without notice, it expires on the date specified in section 39; and if a restraining order relates to an instrument of crime and the circumstances in section 40 apply to it, the restraining order expires on the date specified in that 35 section; and 30 37 Part 2 cl 38 Criminal Proceeds (Recovery) Bill (e) (d) if the duration of a restraining order is extended by a court, the restraining order expires on the date specified by the court under section 41; and if a restraining order relates to property in which no per- son has claimed an interest, the restraining order expires 5 on the date that the relevant application for a forfeiture order is determined, which must not be determined ear- lier than 1 year after the making of the restraining order.
(3) On the expiry of a restraining order, any further order associ- ated with that restraining order also expires.
Compare: 1991 No 120 s 65(1) 10 38 Duration of restraining order when application for forfeiture order declined A restraining order that is in force at the time that a court de- clines to make a forfeiture order that is associated with the 15 same property does not expire, if section 37(2)(a) applies, until— (a) the date that is the end of a period of 7 working days from the date of that decision, if an appeal has not been lodged in the court by that date; or if an appeal has been lodged in the court by that date, on the date of the withdrawal or determination of that appeal, or, if a further appeal is lodged, on the date of the withdrawal or determination of that further appeal.
(b) 20 39 Duration of restraining order when application without notice 25 (1) A restraining order made as a result of an application made without notice under section 22 (restraining order A) ceases to be in force on the date that is the end of the period of 7 days commencing on the date on which restraining order 30 A is made.
(2) However, if, before restraining order A expires, an application is made with notice for a restraining order on notice (restrain- ing order B) in relation to the same property to which restrain- ing order A relates (whether or not the application also relates 35 to any other property), restraining order A continues in force 38 Criminal Proceeds (Recovery) Bill Part 2 cl 40 until the application for restraining order B is finally disposed of.
(3) An applicant for restraining order B must prosecute the appli- cation with all due diligence, and if the applicant does not do so, the court may, on the application of any party to the pro- 5 ceedings, order that the proceedings be struck out.

If an application is made for restraining order B, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with speedily.
Compare: 1991 No 120 s 41(2)–(5) (4) 10 40 Duration of restraining order relating to instrument of crime in certain circumstances (1) A restraining order in relation that relates to an instrument of crime made under section 26(2)(b) expires at the end of the period of 48 hours after the making of the order (the 48-hour 15 period) if the defendant has not been charged with the of- fence, or a related qualifying instrument forfeiture offence, with which the instrument of crime is associated before the expiry of the 48-hour period.
Subsection (3) applies if— (a) a restraining order is made in reliance on— (i) (2) 20 a person’s conviction for a qualifying instrument forfeiture offence under section 26(2)(a) or the charging of a person with a qualifying instrument forfeiture offence; or the proposed charging of a person with a qualify- ing instrument forfeiture offence under section 26(2)(b), and the person is, within the 48-hour period, charged with the offence or a related qualifying instrument forfeiture offence; and the charge is withdrawn and the person is not charged with a related qualifying instrument for- feiture offence by the time the charge is with- drawn: the person is acquitted of the charge or the con- viction is quashed and the person has not been charged with a related qualifying instrument for- 25 30 35 (ii) (ii) (b) either of the following occurs: (i) 39 Part 2 cl 41 Criminal Proceeds (Recovery) Bill (3) 41 (1) (2) (3) (4) feiture offence by the time of the acquittal or quashing.
If this subsection applies, the restraining order expires on the date when— (a) (b) Compare: 1991 No 120 s 65 the charge is withdrawn; or the acquittal or quashing occurs.

5 Extending duration of restraining order If a court has made a restraining order, the applicant for that order may, before the restraining order expires, apply to that 10 court to extend its duration.
If an application is made under subsection (1), the court may order that the operation of the restraining order be extended for a period not exceeding 1 year.

The duration of a restraining order may be extended more than 15 once under this section.

If, before a restraining order would otherwise expire under section 37(1), an application is made to a court under this section and the application is granted, the restraining order ceases to be in force on the date specified in the court’s order.
20 Compare: 1991 No 120 s 66(1), (2) 42 Additional matters relating to extending duration of restraining order (1) On making any order under section 41(2), the court may vary the restraining order in any way it considers fit, includ- 25 ing, without limitation, by specifying whether all or part of the restrained property is to remain subject to the restraining order during the extended period of operation.
(2) An applicant for an order under section 41(1) must serve a copy of the application on any person who, to the knowledge of 30 the applicant, has an interest in the property that is the subject of the application.

Compare: 1991 No 120 s 66(3), (4) 40 Criminal Proceeds (Recovery) Bill Part 2 cl 46 Subpart 3—Civil forfeiture orders Applications for civil forfeiture orders 43 Who may apply The Director Commissioner may apply for a civil forfeiture order.
Compare: 1991 No 120 s 8(1) 5 44 45 (1) (2) Application to High Court An application for a civil forfeiture order must be made to the High Court.
Compare: 1991 No 120 s 8(2) 10 Notice and entitlement to be heard in relation to civil forfeiture orders Application for civil forfeiture order on notice The Director Commissioner must serve a copy of the an ap- plication for a civil forfeiture order, so far as is practicable to 15 do so, on every person who, to the knowledge of the Director Commissioner, has an interest in the property to which the ap- plication relates (including, if applicable, the respondent).
The Director Commissioner must also serve a copy of the ap- plication on the Official Assignee.

20 (3) On an application for a civil forfeiture order, the High Court may, at any time before the application is finally determined, direct the Director Commissioner to serve notice of the appli- cation on a specified person or class of persons, in the manner and within the time the Court thinks fit.
Compare: 1991 No 120 s 10(1) 46 Who may be heard at hearing for civil forfeiture order The following persons are entitled to appear and be heard at the hearing of an application for a civil forfeiture order: (a) (b) the applicant; and any person on whom the application is served (includ- ing, if applicable, the respondent); and any other person who claims an interest in the property to which the application relates.
(c) Compare: 1991 No 120 s 10(2) 41 25 30 35 Part 2 cl 47 Criminal Proceeds (Recovery) Bill Matters relating to application for civil forfeiture order 47 (1) Amending application for civil forfeiture order The High Court may amend an application for a civil forfeiture order— (a) (b) on the Court’s own initiative; or at the request of the Director Commissioner.
(2) However, the Court must not amend an application for a civil forfeiture order to include additional property, proceeds, or benefits unless the Court is satisfied that— (a) (b) the additional property, proceeds, or benefits were not reasonably able to be identified when the application for the civil forfeiture order was made; or the evidence necessary to support the application in re- lation to the additional property, proceeds, or benefits 15 only became available after the application for the civil forfeiture order was made.
5 10 If the Court amends an application under this section, the Court must direct the Director Commissioner to serve notice of the amendment on— (a) (b) every person referred to in section 46; and any person who the Director Commissioner has reason to believe may have an interest in any additional prop- erty included in the application by the amendment.

Compare: 1991 No 120 s 12 20 25 title to that property; or charges over that property.
Notice of application for civil forfeiture order may be recorded on registers Subsection (2) applies if an application is made for a civil forfeiture order against property of a kind that is covered by a New Zealand enactment that enables the registration of— (a) (b) If this subsection applies, the High Court hearing the appli- cation may, at any time before finally determining it, order any authority responsible for administering an enactment of 35 the kind referred to in subsection (1) (an Authority) to enter on the register a note of the fact that an application has been made for a civil forfeiture order against the property.
30 (3) 48 (1) (2) 42 (3) 49 Criminal Proceeds (Recovery) Bill Part 2 cl 50 The Court must order an Authority to cancel an entry made on a register under subsection (2) if— (a) the application to which the entry relates is finally deter- mined and the specified period (as described in section 82(2) for assets forfeiture orders and section 83(2) for 5 profit forfeiture orders) has expired; or proceedings for the application to which the entry re- lates are discontinued for any reason (including, with- out limitation, because the application is withdrawn); or the application to which the entry relates is amended so 10 as to exclude the property in respect of which the entry is made.
Compare: 1991 No 120 s 11 (b) (c) Application for assets forfeiture order Application for assets forfeiture order to specify proposed 15 forfeited property, grounds, respondent (if any), and persons with interests (if known) The Director Commissioner must specify the following in an application for an assets forfeiture order: (a) the property that the Director Commissioner alleges is 20 tainted property; and the grounds for the Director’s Commissioner’s belief that the property is tainted property; and the respondent (if any); and any other persons who, to the knowledge of the Director 25 Commissioner, have an interest in the property to which the application relates.
(b) (c) (d) Compare: 1991 No 120 s 9 Making assets forfeiture order 50 Making assets forfeiture order (1) If, on an application for an assets forfeiture order, the High Court is satisfied on the balance of probabilities that specific property is tainted property, the Court must make an assets forfeiture order in respect of that specific property.

Subsection (1) is subject to section 51.


(2) 30 35 43 Part 2 cl 51 Criminal Proceeds (Recovery) Bill (3) The Court must specify in the an assets forfeiture order the interest in the property to which the order applies and that the specified interest property— (a) (b) vests in the Crown absolutely; and is in the custody and control of the Official Assignee.
5 (4) Despite subsection (1), the Court may not make an assets for- feiture order in relation to property that no person has claimed an interest in, unless the Court is satisfied, on the balance of probabilities, of the following additional matters: (a) (b) (c) that a restraining order was earlier made in relation to 10 the same property; and that the restraining order has been in place for a period of at least 1 year; and that the Director Commissioner has contacted or made all reasonable efforts to contact any person the Dir- 15 ector Commissioner believes may have an interest in the property.
If any property that is land is vested in the Crown absolutely as a consequence of an assets forfeiture order made under sub- section (3), an interest recorded on the title to the land that is 20 not affected by the assets forfeiture order is not extinguished.
Compare: 1991 No 120 ss 15(1), 16(1) Exclusion of respondent’s property from assets forfeiture order because of undue hardship The High Court may, on an application made by the respondent 25 before an assets forfeiture order is made, exclude certain prop- erty from an assets forfeiture order if it considers that, having regard to all of the circumstances, undue hardship is reason- ably likely to be caused to the respondent if the property is included in the assets forfeiture order.
The circumstances the Court may have regard to under sub- section (1) include, without limitation,— (a) 30 the use that is ordinarily made, or was intended to be made, of the property that is, or is proposed to be, the subject of the assets forfeiture order; and the nature and extent of the respondent’s interest in the property; and (b) 35 (5) 51 (1) (2) 44 52 53 (1) (2) 54 (1) Criminal Proceeds (Recovery) Bill Part 2 cl 54 (c) the circumstances of the significant criminal activity to which the order relates.
Application for profit forfeiture order Contents of application for profit forfeiture order An application for a profit forfeiture order must— (a) (b) name the respondent; and describe the significant criminal activity within the rele- vant period of criminal activity from which the respond- ent is alleged to have unlawfully benefited; and state the value of those benefits that benefit; and identify the property in which the respondent holds interests and the nature of those interests.
(c) (d) 5 10 Compare: 1991 No 120 s 9 Making profit forfeiture order 15 Value of benefits benefit presumed to be value in application If the Director Commissioner proves, on the balance of prob- abilities, that the respondent has, in the relevant period of crim- inal activity, unlawfully benefited from significant criminal ac- tivity, the value of those benefits that benefit is presumed to be 20 the value stated in— (a) (b) The presumption stated in subsection (1) may be rebutted by the respondent on the balance of probabilities.
the application under section 52(c); or if the case requires, the amended application.
25 High Court must determine maximum recoverable amount Before the High Court makes a profit forfeiture order, the Court must determine the maximum recoverable amount by— (a) taking the value of the benefit determined in accordance 30 with section 53; and deducting from that the value of any property forfeited to the Crown as a result of an assets forfeiture order made in relation to the same significant criminal activity to which the profit forfeiture order relates.
35 (b) 45 Part 2 cl 55 Criminal Proceeds (Recovery) Bill (2) (3) In determining the value of any property under subsection (1)(b), the Court may, at its own discretion or at the request of either party to the proceedings, seek an independent valuation as to the value of the property.
If an assets forfeiture order relating to a determination under 5 this section is discharged on appeal, the Court may, on appli- cation by the Director Commissioner, vary the maximum re- coverable amount in the profit forfeiture order to reflect that there is no longer a deduction to be made on account of the assets forfeiture order.
10 55 Making profit forfeiture order (1) The High Court must make a profit forfeiture order if it is sat- isfied on the balance of probabilities that— (a) the respondent has unlawfully benefited from signifi- cant criminal activity within the relevant period of crim- 15 inal activity; and the respondent has interests in property.
(2) (b) The order must specify— (a) (b) (c) the value of the benefit determined in accordance with section 53; and the maximum recoverable amount determined in ac- cordance with section 54; and the property that is to be realised in accordance with Parts 1 and 2, being property in which the respondent has, or is treated as having, interests.

20 25 (3) Subsections (1) and (2) are subject to section 56.
(4) A profit forfeiture order is enforceable as an order made as a result of civil proceedings instituted by the Crown against the person to recover a debt due to it, and the maximum recover- able amount is recoverable from the respondent by the Official 30 Assignee on behalf of the Crown as a debt due to it the Crown.
Exclusion of respondent’s property from profit forfeiture order because of undue hardship The High Court may, on an application made by the respondent before a profit forfeiture order is made, exclude certain prop- 35 erty from being able to be realised under section 55(2)(c) if it 56 (1) 46 Criminal Proceeds (Recovery) Bill Part 2 cl 58 5 (2) considers that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the respondent if the property were realised.
The circumstances the Court may have regard to under sub- section (1) include, without limitation,— (a) (c) (b) the use that is ordinarily made, or was intended to be made, of the property that is, or is proposed to be, the subject of the profit forfeiture order; and the nature and extent of the respondent’s interest in the property; and the circumstances of the significant criminal activity to which the profit forfeiture order relates.
(3) After a profit forfeiture order is made, nothing in this section prohibits a respondent from realising the property that was ex- cluded from being able to be realised under section 55(2)(c) 15 if— (a) 10 after realising other property under that section there is still a debt owed to the Crown under section 55(4); and the respondent agrees to realise the excluded property 20 in order to pay all of part of that debt.
(b) 57 (1) (2) 58 (1) Profit forfeiture order if respondent has absconded The High Court may make a profit forfeiture order even if the respondent has absconded.

In subsection (1), a respondent has absconded if the respond- 25 ent— (a) (b) is unable to be found; or by reason of being outside New Zealand, amenable to justice.
is not Court may treat effective control over property as interest 30 in property If the High Court is satisfied that a respondent has effective control over property, the Court may, on an application made by the Director Commissioner, order that the property is to be treated as though the respondent had an interest in the property 35 specified by the Court.
47 Part 2 cl 59 Criminal Proceeds (Recovery) Bill (2) An order under subsection (1) may— (a) (b) be made even if the respondent has no interest in the property; and specify an interest that differs from the interest that the respondent has in the property.
5 (3) Without limiting the generality of subsections (1) and (2), the Court may have regard to— (a) (b) (c) shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or in- direct) in the property; and any trust that has a relationship to the property; and family, domestic, and business relationships between persons having an interest in the property or in compan- ies of the kind referred to in paragraph (a) or in trusts of the kind referred to in paragraph (b), and any other 15 persons.
10 Property that is subject to an order under subsection (1) may be included in any profit forfeiture order and in any restraining order that is made against the respondent.
If the Director Commissioner applies for an order under sub- 20 section (1),— (a) the Director Commissioner must, so far as it is prac- ticable to do so, serve notice of the application on the respondent and on any person who, to the knowledge of the Director Commissioner, has an interest in the prop- 25 erty; and the respondent and any other person who claims an in- terest in the property may appear and be heard at the hearing of the application.
(b) Compare: 1991 No 120 s 29 30 Matters associated with making civil forfeiture order Additional matters in respect of making civil forfeiture order In making a civil forfeiture order, the High Court may do all 35 or any either or both of the following: (4) (5) 59 (1) 48 Criminal Proceeds (Recovery) Bill Part 2 cl 61 (a) declare the nature, extent, and value of any person’s interest in property specified in the civil forfeiture order: give any directions that may be necessary and conveni- ent for giving effect to the civil forfeiture order.
(2) Without limiting the generality of subsection (1)(b), if a 5 (b) Court makes a civil forfeiture order against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the Court may direct an of- ficer of the Court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of 10 the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document.
Sections 121 to 128, so far as applicable and with all neces- sary modifications, apply in relation to a warrant issued under 15 subsection (2) as if it were a warrant issued under section 107 to a member of the police.

Compare: 1991 No 120 s 15(3)–(7) (3) (2) Civil forfeiture order relating to land 60 (1) Nothing in section 50 or 55 affects the operation of section 20 99 of the Land Transfer Act 1952 in relation to a civil forfeiture order made in respect of an estate or interest in land under that Act.
If the High Court makes a civil forfeiture order in respect of an estate or interest in land, the order must be transmitted by 25 the Registrar of the Court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may require.
Compare: 1991 No 120 s 16(2), (3) 30 Relief from civil forfeiture order for persons other than respondent 61 Person (other than respondent) may apply for relief before civil forfeiture order made or declined At any time after an application for a civil forfeiture order 35 has been made and before the civil forfeiture order is made 49 Part 2 cl 62 Criminal Proceeds (Recovery) Bill or declined, a person (other than the respondent) who claims an interest in the property sought to be forfeited under a civil forfeiture order may apply for an order for relief.
62 (1) Person (other than respondent) may apply for relief for limited period after civil forfeiture order made Subsection (2) applies at any time after a civil forfeiture order is made and before— (a) the date that is 6 months from the date on which the civil forfeiture order was made; or the date that is the expiry of any further time allowed 10 by the High Court.
(b) 5 (2) A person (other than the respondent) who claims an interest in the property to which the civil forfeiture order relates may apply for an order for relief.

(3) However, if the applicant who seeks relief appeared at the 15 hearing of the application or amended application for the civil forfeiture order or was served with that application, the Court may not grant relief in the absence of special reasons.
Special reasons under subsection (3) include, without limi- tation, that the Court is satisfied— (a) (4) 20 that the applicant had a good reason for failing to at- tend the hearing of the application for the civil forfei- ture order; or that evidence proposed to be adduced by the applicant in connection with the application under subsection (2) 25 was not reasonably available to the applicant at the time of the hearing of the application for the civil forfeiture order.
(b) Compare: 1991 No 120 s 17(1), (2), (4)–(6) Application for relief from civil forfeiture order to identify nature and reasons for relief sought An application for an order for relief from a civil forfeiture order made under section 61 or 62 must specify the follow- ing: (a) the property and the interest in that property in respect 35 of which the person seeks relief; and 30 63 50 64 65 Criminal Proceeds (Recovery) Bill Part 2 cl 66 (b) the reasons why the applicant should be given relief in relation to that interest.
Application for relief from civil forfeiture on notice An application applicant for an order for relief from a civil for- feiture order made under section 61 or 62 must serve notice 5 of the application on the following persons: (a) (b) (c) the Director Commissioner: the Official Assignee: any other person (including any former interest holder) who claims an interest in the property sought to be af- 10 fected by the order for relief.
Appearing at hearing for relief from civil forfeiture order The following persons may appear and be heard at the hearing of an application for an order for relief from a civil forfeiture order made under section 61 or 62: (a) (b) (c) (d) the applicant: the Director Commissioner: the Official Assignee: any other person (including any former interest holder) who claims an interest in the property sought to be af- 20 fected by the relief order for relief.
15 66 Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity (1) On receipt of an application for an order for relief from a civil 25 forfeiture order under section 61 or 62, the High Court must grant the relief that the Court considers appropriate if the appli- cant proves on the balance of probabilities that the applicant— has an interest, or would but for any civil forfeiture (a) order have an interest, in the property to which the ap- 30 plication relates; and has not unlawfully benefited from the significant crim- inal activity to which the application relates.
(b) (2) The High Court may make an order for relief under this section at or after the time the associated civil forfeiture order is made.
35 51 Part 2 cl 67 Criminal Proceeds (Recovery) Bill 67 Making order for relief from civil forfeiture order on grounds of undue hardship (1) On an application for an order for relief from a civil forfeiture order under section 61 or 62, the High Court may grant the application if it considers that, having regard to all of the cir- 5 cumstances, undue hardship is reasonably likely to be caused to the applicant if relief is not granted.
The circumstances the Court may have regard to under sub- section (1) include, without limitation,— (a) (2) the use that is ordinarily made, or was intended to be 10 made, of the property that is, or is proposed to be, the subject of the civil forfeiture order; and the nature and extent of any person’s interest in the property; and the degree, if any, to which the person had knowledge 15 of the significant criminal activity to which the property relates; and the circumstances of the significant criminal activity to which the property or order relates.
(b) (c) (d) 68 Matters associated with relief from civil forfeiture order 20 when interest severable A If the High Court that grants relief from a civil forfeiture order under section 66 or 67 in respect of a severable interest it must,— (a) in the case of an application made under section 61, 25 direct that the severable interest not be included in any civil forfeiture order; or in the case of an application made under section 62, direct the Official Assignee to transfer the severable in- terest to the applicant.
30 (b) 69 Matters associated with relief from civil forfeiture order when interest not severable A High Court that grants relief from a civil forfeiture order under section 66 or 67 in respect of an interest that is not severable from the property that is, or is to be, the subject 35 of a civil forfeiture order must direct the Crown to pay the applicant an amount equal to the value of that interest.
52 (2) 71 (1) Criminal Proceeds (Recovery) Bill Part 2 cl 71 Subpart 4—Instrument forfeiture orders Effect of instrument forfeiture order Effect of instrument forfeiture order 70 (1) An instrument forfeiture order made under section 142N of the Sentencing Act 2002 must specify the interest in the prop- 5 erty to which the instrument forfeiture order relates and that the interest property— vests in the Crown absolutely; and (a) (b) is in the custody and control of the Official Assignee.
If any property that is land is vested in the Crown absolutely as 10 a consequence of an assets forfeiture order made under sub- section (1), an interest recorded on the title to the land that is not affected by the assets forfeiture order is not extinguished.
Compare: 1991 No 120 s 16(1), (3) 15 20 (b) Additional matters in respect of making instrument forfeiture order In making an instrument forfeiture order, the court may do all or any of the following: (a) declare the nature, extent, and value of any person’s interest in property specified in the order: give any directions that may be necessary and conveni- ent for giving effect to the instrument forfeiture order.
(2) Without limiting the generality of subsection (1)(b), if a court makes an instrument forfeiture order against any prop- erty the title to which is passed by registration on a register 25 maintained under any New Zealand enactment, the court may direct an officer of the court to do anything reasonably neces- sary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by war- rant, authorise an officer to enter and search any place or thing 30 and seize any document.
Sections 121 to 128, so far as applicable and with all neces- sary modifications, apply in relation to a warrant issued under subsection (2) as if it were a warrant issued under section 107 to a member of the police.
Compare: 1991 No 120 s 15(3)–(7) (3) 35 53 Part 2 cl 72 Criminal Proceeds (Recovery) Bill (2) Instrument forfeiture order relating to land 72 (1) Nothing in section 70 affects the operation of section 99 of the Land Transfer Act 1952 in relation to an instrument for- feiture order made in respect of an estate or interest under that Act.
If a court makes an instrument forfeiture order in respect of an estate or interest in land, the order must be transmitted by the registrar of the court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 1952 or the Deeds 10 Registration Act 1908, as the case may require.
Compare: 1991 No 120 s 16(2), (3) 5 Disposal of forfeited property under instrument forfeiture order in certain circumstances 73 Time restraints on disposal of property forfeited under instrument forfeiture order 15 (1) Unless a court that makes an instrument forfeiture order grants leave, property forfeited to the Crown under the instrument forfeiture order must not be disposed of, or otherwise dealt with, by or on behalf of the Crown by the Official Assignee 20 under section 85, until the expiry of the relevant appeal period.
(2) On the expiry of the relevant appeal period, if the instrument forfeiture order has not been discharged under section 74, the property may be disposed of, or otherwise dealt with, by the 25 Official Assignee in accordance with section 85.

The expiry of the relevant appeal period is— (a) on the date when the time for taking appeals against the order expires and no appeals have been filed; or on the date when all appeals in respect of the order have 30 been withdrawn or finally determined.
(3) (b) Compare: 1991 No 120 s 16(4), (5) Discharge of instrument forfeiture order on appeal or quashing of conviction If a court makes an instrument forfeiture order as part of the 35 sentence or orders imposed on a person convicted of a quali- 74 (1) 54 (2) (3) 75 (1) (2) Criminal Proceeds (Recovery) Bill Part 2 cl 75 fying instrument forfeiture offence, and the conviction is sub- sequently quashed, the quashing of the conviction discharges the instrument forfeiture order.
If an instrument forfeiture order that is discharged as provided in subsection (1) or by a court hearing an appeal against the 5 making of the order, the prosecutor must— (a) as soon as practicable after the discharge of the instru- ment forfeiture order, serve notice of the discharge on— any person the prosecutor has reason to believe (i) may be a former interest holder; and the Director Commissioner; and (ii) if required to do so by a court, serve notice of the dis- charge of the instrument forfeiture order on any speci- fied person or class of persons, in any manner and within any period directed by the court.
10 15 (b) If an instrument forfeiture order is discharged in either of the ways referred to in subsection (2), the Official Assignee must,— (a) if any interest in the property is still vested in the Crown, arrange for the interest to be transferred to the former 20 interest holder (if known); or in any other case, and subject to section 76, arrange for payment to the person (if known) of an amount equal to the value of the person’s interest.
(b) Compare: 1991 No 120 s 19 25 Official Assignee may apply for directions regarding discharge of instrument forfeiture order under section 74 In any case where there is any question as how to exercise his or her powers under section 74(3), the Official Assignee may apply to a court for directions concerning the matter, and the 30 court may give any directions in the matter that it considers just.
If an application is made under subsection (1),— (a) the Official Assignee must serve notice of the applica- tion on every person that the Official Assignee has rea- 35 son to believe may have an interest in the application: the court may, at any time before the final determination of the application, direct the Official Assignee to serve (b) 55 Part 2 cl 76 Criminal Proceeds (Recovery) Bill notice of the application on a specified person or class of persons, in any manner and within any time that the court thinks fit: every person who claims an interest in the application is entitled to appear and to adduce evidence at the hearing 5 of the application.
(c) Compare: 1991 No 120 s 20 76 Double benefit not permitted If, on any application for relief made under section 142J of the Sentencing Act 2002 in respect of any interest in any prop- 10 erty, a court has made an order under section 142L(2)(b)(ii) or 142M(2)(a) of that Act, an amount equal to the amount payable by the Crown under that order must be deducted from any amount required to be paid, under section 74(3)(b), to that applicant in respect of that interest.
Compare: 1991 No 120 s 21 15 Applications for relief relating to instrument forfeiture order (b) 77 Applications for relief from instrument forfeiture order (1) A person (other than a person referred to in subsection (2)) 20 may make an application for relief from an instrument forfei- ture order under section 142J of the Sentencing Act 2002— if the person claims an interest in property described in (a) a notice issued under section 142B of the Sentencing Act 2002; or on the ground that, having regard to all of the cir- cumstances, undue hardship is reasonably likely to be caused to the person making the application or another person (other than a person referred to in subsection (2)) by the operation of an instrument forfeiture order.
(2) A person who has been convicted of the qualifying instru- ment forfeiture offence to which a notice issued under sec- tion 142B of the Sentencing Act 2002 relates may not make an application for relief under section 142J of that Act in re- spect of any interest in property described in that notice.
35 25 30 56 78 (1) (2) Criminal Proceeds (Recovery) Bill Part 2 cl 78 Third party appeals from instrument forfeiture order Third party appeals from instrument forfeiture order If a court makes an instrument forfeiture order under sec- tion 142N of the Sentencing Act 2002, any person (other than 5 the person who has been convicted of the qualifying instru- ment forfeiture offence to which a notice issued under sec- tion 142B of the Sentencing Act 2002 relates) who claims to be a former interest holder in the property that is the subject of the order may appeal against the making of the order.
For the purposes of subsection (1)— (a) 10 the provisions of sections 115 and 116 to 144B of the Summary Proceedings Act 1957 apply as if every refer- ence to a defendant were a reference to a person referred to in subsection (1): the provisions of sections 383, 383A, and 385 to 399 of the Crimes Act 1961 apply as if every reference to a person convicted on indictment were a reference to a person referred to in subsection (1): the court with jurisdiction to consider the appeal must 20 determine— (i) 15 (b) (c) (ii) in the case where an application for relief was made and determined under sections 142J to 142M of the Sentencing Act 2002, whether the decision of the court was correct: in the case where no application for relief was made before sentence was imposed, whether— (A) 25 there is any good reason why the appel- lant failed to make an application for relief before the instrument forfeiture order was 30 made; and if so, whether relief ought to be granted, having regard to the requirements set out in section 142L or 142M of the Sentenc- ing Act 2002 (whichever is applicable): 35 (B) (d) any notice or other document required to be given to either the prosecutor or the offender (whether under any provisions referred to in paragraph (a) or otherwise) must be given to both those persons.
57 Part 2 cl 79 Criminal Proceeds (Recovery) Bill (3) Any appeal by an offender against sentence does not affect the right of any other person who claims to have an interest in the property that is the subject of the appeal to bring an appeal under this section.
79 80 (1) Power of appeal court to vary offender’s sentence If an appeal by any person against the making of an instrument forfeiture order is successful, the court that allows the appeal may exercise the same powers in respect of any sentence or order imposed on the offender as it would be able to exercise on an appeal against sentence brought by the prosecutor or the 10 offender.
5 Subpart 5—Official Assignee Preserving value of certain property Preserving value of certain property The Official Assignee may do anything reasonably necessary 15 to preserve the value of— (a) restrained property in his or her custody and control under a restraining order; and foreign restrained property under in his or her custody and control under a foreign restraining order registered 20 in New Zealand; and property in his or her custody and control under section 117.
(b) (c) (2) Without limiting the generality of subsection (1), the Official 25 (b) (c) Assignee may do any of the following: (a) take, or become a party to, any civil proceedings affect- ing the property: ensure that the property is insured: if the property consists, wholly or in part, of securities or investments, realise or otherwise deal with the securities 30 or investments: if the property consists, wholly or in part, of a business, do anything that is necessary or convenient for carrying on that business.
Compare: 1991 No 120 s 50 (d) 35 58 81 (1) (2) 82 (1) Criminal Proceeds (Recovery) Bill Part 2 cl 82 No liability for certain payments Official Assignee not liable for certain payments on certain property The Official Assignee is not personally liable for the payment of any rates, land tax, or other statutory charge imposed by 5 or under any enactment in respect of restrained property or foreign restrained property in his or her custody and control under a restraining order or foreign restraining order registered in New Zealand, or in respect of any other property in his or her custody and control under section 117 unless— (a) 10 the rates, land tax, or statutory charge fall due on or after the date of the making of the restraining order or registering of the foreign restraining order or the date on which the property was seized, as the case may be; and only to the extent of any rents and profits received by the Official Assignee in respect of the property on or after that date.
(b) 15 The Official Assignee may not make mortgage payments in relation to restrained property or foreign restrained property 20 unless directed by the court that made the restraining order or registered the foreign restraining order to do so out of the restrained property or foreign restrained property.
Compare: 1991 No 120 s 61 Discharge of assets forfeiture orders by Official Assignee 25 Discharge of assets forfeiture order by Official Assignee If a court makes an assets forfeiture order, the Official As- signee must, as soon as practicable after the expiry of the spe- cified period (as described in subsection (2)), dispose of the 30 property specified in the order and apply the money resulting from the disposal as follows: (a) first, by paying the costs recoverable by the Official As- signee under section 87: secondly, by paying to the Legal Services Agency the 35 amount (if any) payable by way of legal aid granted to (b) 59 Part 2 cl 83 Criminal Proceeds (Recovery) Bill (c) (b) (2) (d) The specified period expires— (a) the former interest holder (less any contributions paid by the former interest holder): thirdly, by paying any outstanding fines and sentences of reparation imposed on the former interest holder: fourthly, by paying any remaining money to the Crown.
5 on the date that is 6 months after the time for bringing any appeal against the assets forfeiture order expires, if no appeal has been filed; or on the date that is 6 months after all appeals in respect 10 of the assets forfeiture order have been withdrawn or fi- nally determined, if an appeal or any appeals have been filed.
(3) Despite subsections (1) and (2), if the period for bringing an appeal against the assets forfeiture order has expired and 15 no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— (a) may realise any asset that makes up the property that is the subject of the assets forfeiture order; but (b) must, if he or she does so, hold the proceeds of realising 20 those assets until the expiry of the specified period.
Compare: 1991 No 120 s 54 Discharge of profit forfeiture order by Official Assignee Discharge of profit forfeiture order by Official Assignee If the High Court makes a profit forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the specified period (as described in subsection (2)), dispose of the property specified in the order and apply the money result- ing from the disposal as follows: (a) 25 30 first, by paying the costs recoverable by the Official As- signee under section 87: secondly, by paying to the Legal Services Agency the amount (if any) payable by way of legal aid granted to the former interest holder (less any contributions paid 35 by the former interest holder): thirdly, by paying any outstanding fines and sentences of reparation imposed on the former interest holder: (b) (c) 83 (1) 60 Criminal Proceeds (Recovery) Bill Part 2 cl 84 (d) (e) fourthly, by paying to the Crown the following amount, less the sum of the payments made under paragraphs (a) to (c),— (i) if the sum resulting from realising the property is equal to, or more than, the maximum recoverable 5 amount specified by the Court under section 55, the maximum recoverable amount: if the sum resulting from realising the property is less than the maximum recoverable amount, the sum resulting from realising the property: fifthly, by paying any remaining money to the former interest holder.
(ii) 10 (2) The specified period expires— (a) (b) on the date that is 6 months after the time for bringing any appeal against the profit forfeiture order expires, if 15 no appeal has been filed; or on the date that is 6 months after all appeals in respect of the profit forfeiture order have been withdrawn or fi- nally determined, if an appeal or any appeals have been filed.
20 (3) Despite subsections (1) and (2), if the period for bringing an appeal against the profit forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— (a) may realise any asset that makes up the property that is 25 the subject of the profit forfeiture order; but (b) must, if he or she does so, hold the proceeds of realising those assets until the expiry of the specified period.
(4) Nothing in subsection (1)(d)(ii) limits section 55(4).

(5) This section is subject to section 84.
Compare: 1990 No 120 s 51 30 84 (1) Bankruptcy in relation to profit forfeiture order If, after a profit forfeiture order is made, the Official Assignee is given notice in writing of the filing of a creditor’s petition against application in respect of the person under section 23 35 of the Insolvency Act 1967 section 13 of the Insolvency Act 2006, the Official Assignee must, until the petition has been 61 Part 2 cl 85 Criminal Proceeds (Recovery) Bill (2) withdrawn or been disposed of, refrain from taking, or con- tinuing to take, any of the following actions: (a) selling or disposing of the property specified in the order: paying the amounts specified in section 83.
(b) If a person whose property is the subject of a profit forfeiture order becomes bankrupt, the property that is the subject of the profit forfeiture order, if it has not yet been disposed of, ceases to be in the custody and control of the Official Assignee and is deemed to be vested in the Assignee of the bankrupt’s property 10 under section 42 of the Insolvency Act 1967 section 101 of the Insolvency Act 2006.
5 (3) A profit forfeiture order made against a person is provable in the bankruptcy of that person.

To avoid doubt, subsection (3) applies despite anything in 15 section 87(2) of the Insolvency Act 1967 section 232(2) of the Insolvency Act 2006.
Compare: 1991 No 120 s 60 Discharge of instrument forfeiture order by Official Assignee 20 Discharge of instrument forfeiture order by Official Assignee If a court makes an instrument forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the relevant appeal period (defined in section 73(3)), dispose of 25 the property specified in the order and apply the money result- ing from the disposal as follows: (a) first, by paying the costs recoverable by the Official As- signee under section 87: secondly, by paying to the Legal Services Agency the 30 amount (if any) payable by way of legal aid granted to the former interest holder (less any contributions paid by the former interest holder): thirdly, by paying any outstanding fines and sentences of reparation imposed on the former interest holder: fourthly, by paying any remaining money to the Crown.
35 (b) (c) (d) (4) 85 62 86 (1) (2) Criminal Proceeds (Recovery) Bill Part 2 cl 87 Discharge of foreign forfeiture order registered in New Zealand by Official Assignee Discharge by Official Assignee of foreign forfeiture order registered in New Zealand If a foreign forfeiture order is registered in New Zealand, the 5 Official Assignee must, as soon as practicable after the expiry of the specified period (described in subsection (2)), dispose of the property specified in the order by— (a) (b) paying the costs recoverable under section 87; and paying the remaining money to the Attorney-General 10 for disposal at his or her discretion.
The specified period expires— (a) (b) on the date that is 6 months after the time for bringing any appeal against the registration of the foreign forfei- ture order expires, if no appeal has been filed; or on the date that is 6 months after all appeals in respect of the registration of the order have been withdrawn or finally determined, if an appeal or any appeals have been filed.
15 (3) Despite subsections (1) and (2), if the period for bringing an 20 appeal against the registration of a foreign forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— (a) may realise any asset that makes up the property that is the subject of the registered foreign forfeiture order; but 25 (b) must, if he or she does so, hold the proceeds of realising those assets until the expiry of the specified period.
Costs recoverable by Official Assignee 87 (1) Costs recoverable by Official Assignee The Official Assignee is entitled to recover, in respect of the 30 exercise or performance by the Official Assignee or any dele- gate of the Official Assignee of functions or powers under Parts 1 and 2 in respect of property, costs as may be pre- scribed or provided for in regulations made under Parts 1 and 2 if, the Official Assignee— 35 63 Part 2 cl 88 Criminal Proceeds (Recovery) Bill (a) (b) takes custody and control of property under a restrain- ing order, forfeiture order, or foreign forfeiture order registered in New Zealand; and deals with or disposes of property under a forfeiture order, or foreign forfeiture order registered in New 5 Zealand.
(2) 88 (1) For the purposes of subsection (1), the costs that may be prescribed or provided for in regulations made under Parts 1 and 2 include— (a) costs, charges, and expenses properly incurred or 10 payable by or on behalf of the Official Assignee in connection with the exercise or performance, by the Official Assignee or any delegate of the Official As- signee, of functions or powers under Parts 1 and 2 in respect of the property: proper remuneration for work undertaken by any per- son (being the Official Assignee or any delegate of the Official Assignee or any other member of the staff of the Official Assignee) in connection with the exercise or performance, by the Official Assignee or any delegate 20 of the Official Assignee, of functions or powers under Parts 1 and 2 in respect of the property.
15 (b) 25 Compare: 1991 No 120 s 63 Delegation by Official Assignee Delegation by Official Assignee The Official Assignee may from time to time— (a) delegate all or any of the functions and powers con- ferred or imposed on the Official Assignee by or under Parts 1 and 2 to the following persons: (i) the Deputy Official Assignee for New Zealand; 30 or an Official Assignee or Deputy Official Assignee appointed under the State Sector Act 1988; and delegate all or any of the functions and powers con- ferred or imposed on the Official Assignee under sub- 35 part 7 of Part 2 to any member of the police or any class of member of the police.
(ii) (b) (2) A delegation under subsection (1)— 64 Criminal Proceeds (Recovery) Bill Part 2 cl 89 (a) must be in writing; and (b) may not include the power to delegate under subsec- tion (1) unless it is a delegation to the Deputy Official Assignee.

(3) The power of the Official Assignee to delegate under subsec- 5 tion (1) does not limit any power of delegation conferred on the Official Assignee by any other Act.
Compare: 1991 No 120 s 86(1)–(4) Acting under delegation from Official Assignee 89 (1) A person to whom any functions or powers are delegated under 10 section 88 may exercise or perform those functions or powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this section and not by delegation.
(2) Despite subsection (1), any delegated functions or powers 15 must be exercised subject to any general or special directions given or conditions imposed by the Official Assignee.

(3) A person purporting to act pursuant to any delegation under section 88 must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the dele- 20 gation.
(4) Any delegation under section 88 may be made— (a) (b) subject to any restrictions and conditions that the Offi- cial Assignee thinks fit: either generally or in relation to any particular case or 25 class of cases.

(5) No delegation under section 88 may— (a) (b) affect or prevent the exercise or performance of any functions or powers by the Official Assignee; or affect the responsibility of the Official Assignee for the 30 actions of any person acting under the delegation.
(6) Any person purporting to exercise or perform any functions or powers of the Official Assignee by virtue of a delegation under section 88 must, when required to do so, produce evidence of that person’s authority to exercise or perform the functions 35 or powers.

Compare: 1991 No 120 s 86(5)–(9) 65 Part 2 cl 90 Criminal Proceeds (Recovery) Bill Revocation of delegation from Official Assignee Every delegation under section 88 is revocable in writing.
90 (1) (2) A delegation under section 88, until it is revoked, continues in force according to its tenor, even though the Official As- signee by whom it was made may have ceased to hold office, 5 and continues to have effect as if made by the successor in of- fice of the Official Assignee.
Compare: 1991 No 120 s 87 Subpart 6—Recovery bodyRole of police 10 Interpretation In this subpart, unless the context otherwise requires,— Commissioner includes any member of the police to whom the functions and powers of the Commissioner under Parts 1 and 2 are delegated designated member, in relation to the recovery body,— (a) means the Director and any other member of the recov- ery body who is designated by the Director as a person whose position in the recovery body enables him or her to exercise the functions and powers conferred on the Director by Parts 1 and 2; and includes any member or members of the police to whom the Director delegates his or her functions or powers under any provision in subpart 7; but does not include any person who is deemed to be a member of the recovery body in accordance with sec- 25 tion 99(2) (b) (c) 20 15 employee, in relation to the recovery body,— (a) means the Director and any other person employed by the recovery body, whether paid by salary, wages, or otherwise: includes, for the period of his or her secondment, any person seconded to the recovery body from any other department or other employer: does not include a person appointed under section 99(1) (b) (c) member, in relation to the recovery body, means any em- ployee of the recovery body, and includes any member of the 30 35 91 66 Criminal Proceeds (Recovery) Bill Part 2 cl 94 police who is a designated member of the recovery body and, for the purposes of a particular investigation, any person who is deemed to be a member in accordance with section 99(2).
92 93 (1) Director of Criminal Proceeds Confiscation Director of Criminal Proceeds Confiscation The chief executive of the recovery body is called the Director of Criminal Proceeds Confiscation (the Director).
5 Functions of Commissioner of Police Independence In any matter relating to any decision to investigate any per- 10 son or property or to take any proceedings under Parts 1 and 2, the Director Commissioner is not responsible to the Attor- ney-General or any other Minister of the Crown and must act independently.

(2) Nothing in this section limits or affects any power that may be 15 exercised by the Attorney-General in relation to any proceed- ings.
Challenge to exercise of Director’s Commissioner’s decisions, powers, and duties 20 94 (1) Review of Director’s decisions This section applies to any decision by the Director to bring proceedings under Parts 1 and 2.

(2) Any decision to which this section applies may not be chal- lenged, reviewed, quashed, or called in question in any court, 25 except in proceedings brought by the Director under Parts 1 and 2.
(3) Nothing in this section or sections 95 and 96 applies to de- cisions relating to foreign restraint or foreign forfeiture order.
Compare: 1990 No 51 s 20 30 67 Part 2 cl 95 Criminal Proceeds (Recovery) Bill 95 (1) (2) (3) Effect of proceedings relating to Director’s Commissioner’s powers and duties This section applies if any person makes any challenge in any proceeding in any court in respect of— (a) the exercise by the Director Commissioner of any 5 power conferred by Parts 1 and 2: the discharge of any duty imposed on the Director Com- missioner by Parts 1 and 2.
(b) If this section applies, until a final decision (as described in subsection (4)) in relation to those proceedings is given, the 10 power or duty may be, or may continue to be, exercised or dis- charged as if no such proceedings of that kind had been com- menced, and no person is excused from fulfilling any obliga- tion under Parts 1 and 2 by reason of those proceedings.

This section applies despite any other provision of any enact- 15 ment or rule of law or equity.
(4) A final decision does not include a decision in proceedings for an interim order under section 8 of the Judicature Amendment Act 1972.
Compare: 1990 No 51 s 21 20 Effect of final decision that exercise of powers unlawful This section applies in any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred on the Director Commissioner by Parts 1 and 2, that the exercise of any powers conferred on the 25 Director Commissioner by Parts 1 and 2 is unlawful.
If this section applies, to the extent to which the exercise of those powers is declared unlawful the Director Commissioner must ensure that immediately after the decision of the court is given— (a) any information obtained as a consequence of the exer- cise of powers declared to be unlawful, and any record of that information, is destroyed: any documents, or extracts from documents, or other things removed as a consequence of the exercise of 35 powers declared to be unlawful are returned to the per- son previously having possession of them, or previously (b) 30 96 (1) (2) 68 Criminal Proceeds (Recovery) Bill Part 2 cl 97 having them under his or her control, and any copies of those documents or extracts are destroyed: any information derived from or based on such infor- mation, documents, extracts, or things is destroyed.
(c) (3) Despite subsection (2), the court may, in the court’s discre- 5 (b) tion, order that any information, record, or copy of any docu- ment or extract from a document may, instead of being de- stroyed,— (a) be returned to the person from whom it was obtained; or be retained by the recovery body police subject to any terms and conditions that the court imposes.
(4) No information obtained, and no documents or extracts from documents or other things removed, as a consequence of the exercise of any powers declared to be unlawful, and no record 15 of any such information or documents,— (a) 10 is admissible as evidence in any proceedings unless the court hearing the proceedings in which the evidence is sought to be adduced is satisfied that there was no un- fairness in obtaining the evidence: (b) may be used in connection with the exercise of any power conferred by Parts 1 and 2 unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.
Compare: 1990 No 51 s 22 20 25 Approval of settlements 97 (1) High Court must approve settlement between Director Commissioner and other party The Director Commissioner may enter into a settlement with 30 any person as to the property or any sum of money to be for- feited to the Crown.

(2) A settlement does not bind the parties unless the High Court (3) approves it.
The High Court must approve the settlement if it is satisfied 35 that it is consistent with— (a) the purposes of Parts 1 and 2; and 69 Part 2 cl 98 Criminal Proceeds (Recovery) Bill (b) the overall interests of justice.
Delegation of functions or powers of recovery body Commissioner of Police 98 Delegation of functions or powers of recovery body Commissioner of Police The provisions of the State Sector Act 1988 Police Act 1958 relating to the delegation of functions or powers of the Com- missioner apply in all respects to the recovery body functions and powers of the Commissioner under this Act.
5 (2) However, no delegation of any function or power of the Dir- 10 (3) ector is valid unless it is— in writing; and (a) (b) to a designated member.
For the purposes of the provisions of the State Sector Act 1988 relating to the delegation of functions or powers, any person 15 who is seconded to the recovery body and any member of the police who is not a seconded member but to whom any func- tion or power of the Director under subpart 7 is to be dele- gated by the Director must be treated as if that person were an employee of the recovery body.
Compare: 1990 No 51 s 33 20 Outside investigators appointed by Director Commissioner Exercise of powers by outside investigators 99 (1) Any person who is appointed by the Director Commissioner to 25 investigate the affairs, or any aspect of the affairs, of any other person may be authorised by the Director Commissioner— (a) to exercise, in the company of a designated member of the recovery body police, all or any of the powers conferred by sections 111 to 113 and 114: to assist any designated member of the recovery body police to execute any search warrant issued under Parts 1 and 2.
30 (b) 70 Criminal Proceeds (Recovery) Bill Part 2 cl 100 (2) Any person appointed under subsection (1) is deemed to be a member of the recovery body police for the purposes of the investigation in respect of which he or she is appointed.
Compare: 1990 No 51 s 34 Information exchange and disclosure 5 100 Director may enter agreements with overseas agencies (1) The Director may enter into any agreement or agreements with any person in any other country whose functions are or include the detection and investigation of offences, if— (a) (b) the agreement relates to a particular case or cases in- 10 volving property, proceeds, or benefits derived from of- fences; and in the case of an agreement providing for the supply of information by the recovery body,— (i) the Director is satisfied that compliance with the 15 agreement will not substantially prejudice the performance of the recovery body’s functions in relation to any other investigations; and the Director has recommended to the Attorney- General that the agreement be entered into and 20 the Attorney-General has accepted the recom- mendation.
(ii) (2) Any agreement under subsection (1)— (a) may be made orally or in writing: (b) may provide for the supply or the receipt of information 25 by the recovery body: (c) must contain a condition that no person who receives information under the agreement may disclose the in- formation except for any purpose specified in the agree- ment or with the consent of all the parties to the agree- 30 ment.

(3) Nothing in this section limits the general powers of the Dir- (4) ector to enter into agreements.
This section is subject to sections 101 to 105.
Compare: 1990 No 51 s 51 35 71 Part 2 cl 101 Criminal Proceeds (Recovery) Bill (b) (c) (b) (c) (d) (e) 101 Secrecy of certain information (1) Every member of the recovery body must observe the strictest secrecy in relation to— (a) information supplied to or obtained by the Director under or in connection with the exercise of any power 5 conferred by sections 111 to 114 or in the course of executing any search warrant issued under Parts 1 and 2: information derived from or based on any such infor- mation: information relating to the exercise or possible exercise of any power conferred on the Director by Parts 1 and 2.
10 (2) No member of the recovery body may disclose any informa- tion referred to in subsection (1) in any way whatever to any 15 person who is not a member of the recovery body.
(3) Despite subsections (1) and (2), the Director may disclose information referred to in subsection (1), or authorise any other member of the recovery body to disclose that informa- tion,— (a) 20 if the person who disclosed the information to the re- covery body consents to that disclosure; or to the extent that the information is available to the pub- lic under any Act; or for the purposes of Parts 1 and 2 or in connection with 25 the exercise of powers under Parts 1 and 2; or for the purposes of any prosecution anywhere or for the purpose of commencing or conducting any proceedings under Parts 1 and 2; or to any person who the Director is satisfied has a proper 30 interest in receiving such information.
(4) (5) This section is subject to sections 102 to 105.

This section does not apply to foreign restraint or foreign for- feiture.
Compare: 1990 No 51 s 36 35 102 (1) Information exchange and disclosure The purpose of this section is to facilitate— 72 (2) (3) (4) (5) Criminal Proceeds (Recovery) Bill Part 2 cl 103 (a) (b) the disclosure of information by the Director to any de- partment for law enforcement purposes: the disclosure of information by any department to the Director for law enforcement purposes.
10 For the purposes of this section, the Director may from time 5 to time, in accordance with arrangements in writing made be- tween the Director and the chief executive of any department, supply to that chief executive or receive from that chief ex- ecutive any information about an individual identified by that chief executive or the Director, as the case may be.
The Director or, as the case requires, the chief executive of the department may supply the information requested to any officer, employee, or agent of the department who is authorised for the purpose by the chief executive or, as the case requires, to any officer, employee, or agent of the recovery body who is 15 authorised for the purpose by the Director.
Information supplied under subsection (2) may be supplied in any form that is determined by agreement between the Dir- ector and the chief executive of the department concerned.

This section— (a) does not authorise the disclosure by the Director of any information that was received by the Director from the Commissioner of Inland Revenue to the chief executive, officer, employee, or agent of another department; but does not limit the disclosure of that information under 25 any other provision.
(b) 20 103 Secrecy of information protected under other Acts (1) Every member of the recovery body must observe the strictest secrecy in relation to any information that is protected under any Act, other than Parts 1 and 2 and the Tax Administration 30 Act 1994 (the protection of which is dealt with in sections 101, 102, and 104).
(2) Despite subsection (1) or anything in the Act that protects the information,— (a) any member of the recovery body may disclose any 35 such information to any other member of the recovery 73 Part 2 cl 104 Criminal Proceeds (Recovery) Bill (b) body for the purpose of investigating or bringing any proceedings under Parts 1 and 2; and the Director may disclose any such information, or au- thorise any other member of the recovery body to dis- close any such information,— (i) 5 with the consent of the person who disclosed the information to the recovery body, to any other person: to any Judge for the purpose of obtaining a search warrant or a production order under Parts 1 and 10 2: to any person commencing or conducting any proceedings under Parts 1 and 2 or in connec- tion with sections 142A to 142Q of the Sen- tencing Act 2002.
15 (ii) (iii) Compare: 1990 No 51 s 39 (1) 104 Disclosure to Director Commissioner of Police of information held by Inland Revenue Department For the purposes of this section— associated person has the same meaning as in sections OB 1, 20 OD 7, and OD 8 of the Income Tax Act 2004 authorised person means— (a) the Commissioner of Inland Revenue or any officer of the Inland Revenue Department who is authorised by the Commissioner of Inland Revenue to disclose and 25 receive information under this section; or the Director Commissioner of Police and any employee, officer, or agent of the recovery body police who is au- thorised by the Director Commissioner of Police to dis- close and receive information under this section.
30 (b) (2) No obligation as to secrecy or other restrictions imposed by any enactment or otherwise on the disclosure of information prevents— (a) an authorised person referred to in paragraph (b) of the definition of authorised person in subsection (1) 35 from disclosing the name of any person to an authorised person referred to in paragraph (a) of that definition: 74 Criminal Proceeds (Recovery) Bill Part 2 cl 105 (b) an authorised person referred to in paragraph (a) of the definition of authorised person in subsection (1) from disclosing any information held by the Depart- ment of Inland Revenue about a person whose name is supplied under paragraph (a) of this subsection, or any 5 associated person, to an authorised person referred to in paragraph (b) of that definition who requires the infor- mation for the purpose of establishing whether a prima facie case exists for taking civil recovery action under Parts 1 and 2.
10 Information obtained under subsection (2)(b) must not be disclosed, except— (a) (b) to an authorised person; or to the person in respect of whom the information was obtained or to an associated person; or in connection with proceedings taken or to be taken under Parts 1 and 2.
(c) 15 (3) (4) Any disclosure of information under this section must be in ac- cordance with arrangements made from time to time in writing between the Commissioner of Inland Revenue and the Dir- 20 ector Commissioner of Police, which may include arrange- ments— (a) further defining and limiting the use of information sup- plied under this section: about the storage of that information and security pre- 25 cautions to be undertaken: subject to section 105, which provides for the destruc- tion of information supplied under this section.
This section and section 105 do not apply to any matters associated with a foreign restraint restraining order or a foreign 30 forfeiture order.

(5) (b) (c) 105 Destruction of information supplied under section 104 (1) The Director Commissioner of Police must ensure that the in- formation obtained under section 104 is destroyed as soon as it appears that no proceedings, or no further proceedings, 35 will be taken in which the information would be likely to be required to be produced in evidence.
(2) Nothing in subsection (1) applies to— 75 Part 2 cl 106 Criminal Proceeds (Recovery) Bill (a) (b) (c) any reference to information obtained under section 104 contained in another document, generated by, or on behalf of, the Director Commissioner of Police or any member of the recovery body police; or any record of information adduced in proceedings in 5 any court; or any case where the defendant pleads guilty to any record of any information that, in the opinion of the Judge, would have been adduced had the matter come to trial.
Subpart 7—Investigative powers 10 106 Interpretation In this subpart, unless the context otherwise requires,— Judge means a District Court Judge or a High Court Judge occupier, in relation to any place or thing, means a person of or over 16 years who resides in, or appears to be in charge of, 15 the place or thing.
Police powers 107 Police may obtain warrant to search for and seize evidence and property (1) Any Judge may issue a warrant to search any place or thing, 20 if the Judge is satisfied, on an application in writing made on oath, that there are reasonable grounds for believing that prop- erty or evidence of the kind referred to in subsection (2) is in or on the place or thing, or will come into or onto the place or thing, while the warrant is in force.
The property or evidence in respect of which a search warrant may be issued under subsection (1) is— (a) (2) 25 evidence as to the nature and extent of any person’s interest in or control over property that is an instrument of crime: an instrument of crime.

(b) (3) An application for a warrant under subsection (1) may be made— (a) (b) by a member of the police: before, on, or after the making of a restraining order.
76 30 35 Criminal Proceeds (Recovery) Bill Part 2 cl 109 (4) A warrant may be issued under subsection (1) whether or not an information has been laid in respect of the relevant qualify- ing instrument forfeiture offence.
(5) However, if an information has not been laid in respect of that offence at the time when the application for the warrant is 5 made, the Judge must not issue a warrant unless the Judge is satisfied that an information will be laid in respect of the of- fence within 48 hours of the issue of the warrant.
Compare: 1991 No 120 s 30 108 Commissioner of Police to transfer property to Official 10 Assignee If any property is seized pursuant to a warrant issued under section 107 (other than documents or other material believed to be evidence establishing the nature and extent of any per- son’s interest in or control over an instrument of crime), the 15 Commissioner of Police must arrange for the property to be placed in the custody and control of the Official Assignee as soon as practicable after it is seized, unless otherwise directed by the court that issues the warrant.
Compare: 1991 No 120 s 35 20 Director’s Commissioner’s powers 109 Director Commissioner may obtain warrant to search for and seize evidence and property (1) Any Judge may issue a warrant to search any place or thing if, (2) on an application in writing made on oath, the Judge is satis- 25 fied that there are reasonable grounds for believing property or evidence of the kind referred to in subsection (2) is in or on the place or thing, or will come into or onto the place or thing, while the warrant is in force.
The property or evidence in respect of which a warrant may 30 be issued under subsection (1) is— (a) (b) tainted property; or evidence establishing the nature and extent of any per- son’s interest in or control over property that is tainted property; or 35 77 Part 2 cl 110 Criminal Proceeds (Recovery) Bill (c) (d) evidence establishing the nature and extent of the inter- est in or control over property of any person who has unlawfully benefited from significant criminal activity; or property that is the subject of a restraining order (other 5 than a restraining order obtained on the application of a prosecutor).
(3) An application for a warrant under subsection (1) may be made— (a) (b) (c) by the Director Commissioner: before, on, or after the making of a restraining order: whether or not the Director Commissioner has exer- cised any power under any of sections 111 to 114 section 113 or 114.

10 (4) A warrant may not be issued under subsection (1) in respect 15 of any evidence or property solely because it is believed to relate to, or be, an instrument of crime.
110 Director Commissioner to transfer property to Official Assignee If any property is seized pursuant to a warrant issued under 20 section 107 or 109(1) (other than documents or other ma- terial believed to be evidence establishing the nature and ex- tent of any person’s interest in or control over an instrument of crime or any other property), the Director Commissioner must arrange for the property to be placed in the custody and con- 25 trol of the Official Assignee as soon as practicable after it is seized, unless otherwise directed by the court that issued the warrant.
Compare: 1991 No 120 s 35 Director may require production of documents 30 111 Power to require production of documents (1) The Director may, by notice in writing, require any relevant person, at the time and place specified in the notice, to produce for inspection any specified document or class of documents that the Director has reason to believe are in the person’s pos- 35 session or control and are relevant to an investigation by the 78 (2) (3) Criminal Proceeds (Recovery) Bill Part 2 cl 111 Director under Parts 1 and 2 or to any proceedings under Parts 1 and 2.
Every production notice must contain the following particu- lars: (a) (b) the provision under which the notice is issued: a description of the document or documents in relation to which production is sought: a description of the property or other thing or type of property or other thing to which the document or docu- ments are believed to relate.
(c) 5 10 If any document is produced under this section, the Director may do any one or more of the following things: (a) retain the original document produced, provided that a copy of the document is taken and returned as soon as practicable after the document is produced: take copies of the document, or of extracts from the document: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the Director to reproduce, in usable form, any information 20 recorded or stored in the document.
15 (b) (c) (4) If any person is required to produce any document under this section and fails to do so, the Director may require that person to state, to the best of his or her knowledge or belief, where the document is.

25 (5) A notice issued under subsection (1) is in force for a period specified in the notice (not exceeding 3 months after the date on which the notice is issued).
In this section relevant person means— (a) (6) a person whose property is the subject of a restraining 30 order: any officer of a financial institution who the Director be- lieves has information about property that is the subject of a restraining order.
(b) Compare: 1990 No 51 s 5; 1991 No 120 s 68(2) 35 79 10 15 20 Part 2 cl 112 Criminal Proceeds (Recovery) Bill Court may require any person to produce documents on application by DirectorProduction orders 112 Application for production order (1) (2) The Director Commissioner may apply to a Judge for a pro- 5 duction order under section 113 if the Director Commis- sioner has reason to believe that a person has possession or control of documents that are relevant to an investigation by the Director Commissioner under Parts 1 and 2 or to any proceedings under Parts 1 and 2.
Every application under this section must be made in writing and on oath, and must contain the following particulars: (a) (b) the grounds on which the application is made: a description of the document or documents production of which is sought: a description of the property or other thing or type of property or other thing to which the document or docu- ments are believed to relate.
(c) Compare: 1991 No 120 s 68 113 Court may make production order (1) If an application is made under section 112, the Judge may, if satisfied that the Director Commissioner has reasonable grounds for applying for the order, make an order that the person— (a) produce to the Director Commissioner or any desig- 25 nated member of the recovery body police any specified document or class of documents of the kind referred to in section 112(1) that are in the person’s possession or control while the order is in force; or (b) make available to the Director Commissioner or any 30 designated member of the recovery body police, for in- spection, any specified document or class of documents of that kind that are in the person’s possession or con- trol while the order is in force.
Every production order must contain the following particulars: 35 (a) (b) the grounds on which the order is issued: a description of the document or documents production of which is required: (2) 80 Criminal Proceeds (Recovery) Bill Part 2 cl 113A (c) a description of the property or other thing or type of property or other thing to which the document or docu- ments are believed to relate.
(3) An order made under subsection (1) is in force for the period specified in the order (not exceeding 3 months 30 days after the 5 date on which the order is made).

(4) A Judge must not make an order under subsection (1) unless the application contains, or the applicant otherwise supplies to the Judge, any information that the Judge requires concerning the grounds on which the order is sought.
If any document is produced under this section, the Director Commissioner may do any one or more of the following things: (a) (5) 10 retain the original document produced for as long as is reasonably necessary for the purposes of this Act, pro- 15 vided that a copy of the document is taken and returned as soon as practicable after the document is produced: take copies of the document, or of extracts from the document: if necessary, require the person producing the document 20 to reproduce, or to assist any person nominated by the Director Commissioner to reproduce, in usable form, any information recorded or stored in the document.
(b) (c) (6) If any person is required to produce any document under this section and fails to do so, the Director Commissioner may re- 25 quire that person to state to the best of his of her knowledge or belief where the document is.
Compare: 1991 No 120 s 69 113A Application for examination order (1) The Commissioner may apply to a Judge for an examination 30 order under section 114 if the Commissioner has reason to believe that a person is able— (a) to answer questions with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under Parts 1 35 and 2: to supply any information with respect to any matter that the Commissioner has reason to believe may be (b) 81 Part 2 cl 114 Criminal Proceeds (Recovery) Bill (c) relevant to the investigation or to any proceedings under Parts 1 and 2: to produce for inspection any documents that the Com- missioner has reason to believe are in the person’s pos- session or control or may be relevant to the investigation 5 or to any proceedings under Parts 1 and 2.
(2) Every application under this section must be made in writing and on oath, and must contain the following particulars: (a) (b) (c) the grounds on which the application is made: a description of the information that is sought: a description of the document or documents production of which is sought.
10 Director may issue examination noticeExamination order 15 (1) 114 Power to require attendance before Director Commissioner, production of documents, etc The Director may, by notice in writing, require any person whose property is the subject of a restraining order that was made on the application of the Director to If an application is made under section 113A, the Judge may, if satisfied that the 20 Commissioner has reasonable grounds to apply for the exam- ination order, make an order that the person do 1 or more of the things specified in subsection (3) at the time and place specified in the notice order.
(2) A notice An order under subsection (1) must contain the 25 following particulars: (a) (b) (c) (d) the provision under which the notice is issued order is made: a description of the information that is sought: a description of the document or documents production 30 of which is sought: a description of the property or other thing or type of property or other thing to which the document or docu- ments are believed to relate.
(3) The things referred to in subsection (1) are— (a) to attend before the Director Commissioner: 35 82 (4) Criminal Proceeds (Recovery) Bill Part 2 cl 114 (b) (c) (d) to answer questions with respect to any matter that the Director Commissioner has reason to believe may be relevant to the investigation or to any proceedings under Parts 1 and 2: to supply any information specified in the notice with 5 respect to any matter that the Director Commissioner has reason to believe may be relevant to the investiga- tion or to any proceedings under Parts 1 and 2: to produce for inspection any documents that are spe- cified in the notice and that the Director Commissioner 10 has reason to believe are in the person’s possession or control and may be relevant to the investigation or to any proceedings under Parts 1 and 2.
If any document is produced under this section, the Director Commissioner may do any one or more of the following 15 things: (a) 20 retain the original document produced for as long as is reasonably necessary for the purposes of this Act, pro- vided that a copy of the document is taken and returned as soon as practicable after the document is produced: take copies of the document, or of extracts from the document: require the person producing the document to provide an explanation of the history, subject matter, and con- tents of the document and to answer any other questions 25 that arise from that explanation and that the Director Commissioner has reason to believe may be relevant to the investigation: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the 30 Director Commissioner to reproduce, in usable form, any information recorded or stored in the document.
(b) (c) (d) (5) (6) If any person is required to produce any document under this section and fails to do so, the Director Commissioner may re- quire that person to state, to the best of his or her knowledge 35 and belief, where the document is.

If any person is required to supply any information under this section, and does so by producing a document containing that 83 Part 2 cl 115 Criminal Proceeds (Recovery) Bill information, the powers conferred by subsection (4) apply in all respects to that document.
(7) Any person who is required to attend before the Director Com- missioner under this section, must, before being required to comply with any requirements imposed under this section, be 5 given a reasonable opportunity to arrange for a lawyer to ac- company him or her.
Compare: 1990 No 51 s 9 Non-compliance with production notice, production order or examination notice order 10 115 Power to obtain search warrant for non-compliance with production notice, production order or examination notice order The Director Commissioner may, on application in writing made on oath, apply to any Judge for a warrant to search any 15 thing or place specified in the application.
(1) (2) Any Judge may issue a warrant in the prescribed form if the Judge is satisfied— (a) that there are reasonable grounds for believing that— (i) a person has failed to produce all of the docu- 20 ments specified in a notice given under section 111 or 114 or a production order made under section 113 or an examination order made under section 114; or any information supplied under section 114 is 25 intentionally false or misleading in a material particular; or a person has failed to comply with any obligation imposed under section 114; or the service of a notice an order under section 30 111 113 or 114 might seriously prejudice the investigation; and (ii) (iii) (iv) (b) that there are reasonable grounds for believing that there is, at the place or thing specified in the application, or will come into or onto the place or thing, while the war- 35 rant is in force— 84 Criminal Proceeds (Recovery) Bill Part 2 cl 116 (i) (ii) any document or information required to be pro- duced or supplied under section 111, 113 or 114; or if paragraph (a)(iv) applies, any document or information that could have been sought under 5 section 111, 113 or 114.
Compare: 1990 No 51 s 6 115A Immunity from liability for disclosure of information (1) under this Act This section applies if— (a) 10 any person does any act that, apart from sections 104, 113, and 114 of this Act, would constitute, or the per- son believes would constitute, an offence as a breach of an obligation of secrecy or non-disclosure; and that information is so disclosed, in good faith, for the 15 purpose of or in connection with the enforcement or in- tended enforcement of any enactment or provision re- ferred to in this Act; and that person is otherwise under any obligation (whether arising by virtue of any enactment or any rule of law or 20 otherwise) to maintain secrecy in relation to, or not to disclose, that information.
(b) (c) (2) If this section applies, then despite the fact that the disclos- ure would otherwise constitute a breach of an obligation of se- crecy or non-disclosure, the disclosure by that person, of that 25 information in accordance with this Act is not a breach of that obligation of secrecy or non-disclosure or (where applicable) of any enactment by which that obligation is imposed.
Official Assignee’s powers 116 Official Assignee may apply for warrant to search for and 30 seize property (1) Any Judge may issue a warrant to search any place or thing if, on an application in writing made on oath, the Judge is satisfied— (a) that there are reasonable grounds for believing that 35 property of the kind referred to in subsection (2) is in 85 Part 2 cl 117 Criminal Proceeds (Recovery) Bill (b) or on the place or thing, or will come into or onto the place or thing, while the warrant is in force; and in the case of property referred to in subsection (2)(a), that the Official Assignee has complied with subsec- tion (4).
(2) The property in respect of which a search warrant may be is- sued under subsection (1) is— (a) any proposed restrained property that is the subject of an application for a restraining order: any property that is the subject of a restraining order: any property that is the subject of a forfeiture order.

(b) (c) 5 10 (3) An application for a warrant under subsection (1) may be made— (a) (b) by the Official Assignee: before, on, or after the making of a restraining order or 15 a forfeiture order.
(4) The Official Assignee may not make an application under sub- section (1) in respect of any property referred to in subsec- tion (2)(a) unless— (a) the Official Assignee wishes to assess the nature and 20 condition of any property that is the subject of an appli- cation for a restraining order to ensure that it is not at risk of damage, alteration, removal, or being treated in any other way to diminish its value; or the Official Assignee has reasonable grounds to believe 25 that any property of that kind is at risk of damage, al- teration, removal, or being treated in any other way to diminish its value.
(b) Compare: 1991 No 120 s 30 117 Official Assignee to hold property If property is seized pursuant to a warrant issued under sec- tion 116, or transferred to the Official Assignee under sec- tion 108 or 110, the Official Assignee must arrange for the property to be kept until it is dealt with in accordance with an- other provision of Parts 1 and 2.
Compare: 1991 No 120 s 35 30 35 86 Criminal Proceeds (Recovery) Bill Part 2 cl 119 118 Return of seized property (1) If any property is seized pursuant to a warrant issued under section 116 or transferred to the Official Assignee under sec- tion 108 or 110 the property must, unless it is the subject of a forfeiture order, be returned to the person,— (a) 5 if the property was subject to a restraining order when the relevant search warrant was issued, after the expiry of the restraining order to which the property relates: if the property is property referred to in section 107(2)(b) or 109(2)(a) that was not the subject of a 10 restraining order when the relevant search warrant was issued, after— (i) (b) (ii) (iii) 15 the expiry of 28 days from the date on which the property comes into the control or custody of the Official Assignee; or if a restraining order is obtained in respect of the property before the expiry of the period referred to in subparagraph(i), the expiry of the restrain- ing order to which the property relates; or if a restraining order is not obtained in respect of 20 the property before the expiry of the period re- ferred to in subparagraph(i) but an application for a forfeiture order is made within that period, the determination of that application.
(2) This section is subject to section 119.
119 Retention of seized property if forfeiture order made (1) Subsection (2) applies if— (a) any property is seized pursuant to a warrant issued under section 116 or is transferred to the Official Assignee under section 108 or 110; and but for this subsection, the Official Assignee would be required, under section 118, to arrange for any prop- erty to be returned to a person as soon as practicable after the expiry of a restraining order or the determin- ation of an application for a forfeiture order; and at, or before, the end of that period, a forfeiture order is made in relation to the property.
(b) (c) 25 30 35 87 Part 2 cl 120 Criminal Proceeds (Recovery) Bill (2) If a forfeiture order is made in respect of any property that is in the possession of the Official Assignee under section 117 or subsequently comes into the possession of the Official Assignee, the Official Assignee must deal with the property as required by the order.
5 General rules about search warrants 120 Application of sections 121 to 128 The provisions of sections 121 to 128 apply in respect of every search warrant applied for, or issued, under Parts 1 and 2.
10 121 Application for search warrant (1) An application for a search warrant must contain, in reasonable detail, the following particulars: the name of the applicant: (a) the grounds on which the application is made: (b) the address or other description of the place or thing (c) proposed to be searched: a description of the item or items believed to be in or on the place or thing that are sought by the applicant.
(d) 15 The Judge may require the applicant to supply further infor- 20 mation concerning the grounds on which the search warrant is sought.

The applicant must disclose in the application— (a) details of any other applications for a search warrant under this Act that the applicant knows to have been 25 made within the previous 3 months in respect of the place or thing proposed to be searched: the result of that application or those applications.
(b) The applicant must, before making an application for a search warrant, make reasonable inquiries for the purpose of comply- 30 ing with subsection (3).

The Judge may authorise the search warrant to be executed on more than one occasion if he or she is satisfied that this is required for the purposes for which the warrant is being issued.
(2) (3) (4) (5) 88 Criminal Proceeds (Recovery) Bill Part 2 cl 123 (b) 122 Form and content of search warrant (1) (2) Every search warrant issued must be in the prescribed form.
Every search warrant issued must be directed to,— (a) in the case of a warrant issued under section 107, every member of the police: in the case of a warrant issued under section 109 or 115, the Director Commissioner and every designated member of the recovery body police: in the case of a warrant issued under section 116, the Official Assignee and every delegate of the Official As- 10 signee.
(3) A search warrant issued— (c) 5 (4) (a) may be executed by all or any of the persons to whom it is directed: (b) may be subject to any conditions specified in the war- 15 rant that the Judge considers reasonable: (c) may be executed only once, unless execution on more than one occasion has been authorised.
20 Every search warrant must contain, in reasonable detail, the following particulars: (a) (b) (c) (d) the place or thing that may be searched: the provision authorising the issue of the warrant: a description of what may be seized: the period during which the warrant may be executed, being a period not exceeding 14 days from the date of 25 issue: any conditions specified by the Judge under subsec- tion (3)(b): if the warrant may be executed on more than one oc- casion, the number of times or the period of time over 30 which the warrant may be executed.
(e) (f) 123 When search warrant is executed A search warrant is executed when the person executing the warrant— (a) (b) has seized all the items specified in the warrant; or leaves the place or thing being searched and does not return within 4 hours.
35 89 Part 2 cl 124 Criminal Proceeds (Recovery) Bill 124 Powers conferred by search warrant (1) Every search warrant issued under Parts 1 and 2 authorises the person executing it— (a) (b) (c) (d) (e) (f) (g) (h) to enter and search the place or thing specified in the warrant, and any item or items found in that place or 5 thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of 10 executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or 15 thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, any information recorded or stored in any document that may be seized under the warrant: to take photographs or video recordings of the place 25 or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
30 20 The person executing the search warrant may seize any item or items that he or she, or any person assisting him or her, finds in the course of executing the warrant if the person executing the warrant has reasonable grounds to believe that he or she or any other person who can apply for a search warrant under 35 Parts 1 and 2 could obtain a warrant to seize it under Parts 1 and 2 or any other enactment.
(2) 90 Criminal Proceeds (Recovery) Bill Part 2 cl 125 (3) (4) (5) The person executing a search warrant may, in a manner and for the duration that is reasonable for the purposes of executing the warrant,— (a) secure the place or thing searched, any area within that place or thing, or any thing found within that place or 5 thing: exclude any person from the place or thing searched, or any area within the place or thing if the person executing the warrant has reasonable grounds to believe that the person to be excluded will obstruct or hinder the execu- 10 tion of the warrant.
(b) The powers conferred by this section are subject to any condi- tions imposed under section 122(3)(b).

Section 198B of the Summary Proceedings Act 1957 applies in respect of every search warrant as if for each reference to 15 a constable there were substituted a reference to a person au- thorised to execute the search warrant.
125 Powers of persons called to assist (1) 20 (c) enter the place or thing to be searched: Every person called on to assist a person executing a search warrant may— (a) (b) while in the company and under the direction of the person executing the warrant, use reasonable force in respect of any property for the purposes of executing the warrant: search areas within the place or thing that the person executing the warrant has determined may lawfully be searched: seize any thing that the person executing the warrant has determined may lawfully be seized: take photographs and video recordings of the place or thing and things found in the place or thing if the person executing the warrant has determined that those things may be lawfully taken: bring on to the place and use any equipment, make use 35 of any equipment found on the place or thing, or extract electricity from the place or thing for the purposes of op- (d) (e) 30 25 (f) 91 Part 2 cl 126 Criminal Proceeds (Recovery) Bill (g) erating the equipment that the person executing the war- rant has determined may be lawfully used or extracted: copy any document, or part of a document, that the per- son executing the warrant has determined may be law- fully copied.
(2) (3) If a member of the police is assisting another person execut- ing a search warrant, that member of the police may exercise any power ordinarily exercisable by him or her in executing a search warrant.

The person executing a search warrant must— (a) accompany any assistant on the first occasion when the assistant enters the place or thing to be searched; and provide such other supervision of any assistant as is rea- sonable in the circumstances.
(b) 5 10 (4) The powers conferred by this section are subject to any condi- 15 tions imposed under section 122(3)(b).
126 Person executing warrant to produce evidence of authority Before or on initial entry in or on the place or thing the search warrant authorises to be searched, the person executing the 20 search warrant must— (a) announce his or her intention to enter and search the place or thing pursuant to a search warrant: identify himself or herself: give the occupier of the place or thing a copy of the 25 warrant that he or she may keep, except where this is not reasonably practicable.
(b) (c) The person executing the search warrant is not required to comply with subsection (1) if he or she believes on reason- able grounds that no person is lawfully present in or on the 30 place or thing to be searched.

The person executing the search warrant may use reasonable force in order to effect entry in or on the place or thing— (a) (b) if subsection (2) applies; or if, following a request, the person present refuses entry 35 or does not allow entry within a reasonable time.
(1) (2) (3) 92 Criminal Proceeds (Recovery) Bill Part 2 cl 127 (4) On completion of the execution of the search warrant, the per- son executing it must provide written notice containing the fol- lowing particulars: (a) (b) (c) (d) (e) the date and time of the commencement and completion of execution of the warrant: the name of the person executing the warrant who had overall responsibility for that execution: the address of the police station or other office to which enquiries should be made: if nothing is seized, the fact that nothing was seized: if anything was seized, the fact that seizure occurred and that an inventory of the things seized will be provided to the occupier no later than 7 days after the seizure.
5 10 (5) (6) 127 (1) If the occupier is not present at any time during the execution of the warrant, or if it is not reasonably practicable to com- 15 ply with subsection (1)(c), the person executing the warrant must on completion of execution leave a copy of the warrant and the notice required by subsection (4) in a prominent pos- ition on the place or thing, except where this is not reasonably practicable.

This section is subject to section 128.


20 Inventory of items seized The person who executed the search warrant must, not later than 7 days after the seizure of any property or evidence, pro- vide to the occupier, and to every other person whom the per- 25 son who executed the search warrant has reason to believe may have an interest in what was seized,— (a) (b) written notice specifying what was seized; and a copy of the warrant and the written notice required by section 126(4).
30 (2) A person who executes a search warrant must make reasonable enquiries for the purposes of complying with subsection (1).

This section is subject to section 128.
(3) 93 Part 2 cl 128 Criminal Proceeds (Recovery) Bill 128 Compliance with certain provisions unnecessary in some circumstances A person executing a search warrant is not required to comply with section 126(1), (4), and (5) or section 127 if the per- son has reasonable grounds to believe that— (a) (b) compliance would endanger the safety of any person; or compliance would prejudice the successful execution of the warrant; or compliance would prejudice ongoing investigations under Parts 1 and 2 or executions of the warrant on 10 subsequent occasions.
(c) 5 NoticesOrders 129 Form and content of notices orders (1) Every notice order issued under this subpart must be in the prescribed form.

15 (3) in a general rather than a specific way; or by reference only to its class, nature, content, or effect.
20 (2) Any information or document is sufficiently specified in a no- tice an order of that kind if the information or document is described— (a) (b) The time at which any thing is required to be done is suffi- ciently specified in a notice an order of that kind if the time is described as— (a) (b) Every notice order under this subpart that requires attendance before the Director Commissioner must inform the person to whom it is addressed that the person may, if that person so wishes, be accompanied by a lawyer.
Every notice order under this subpart must inform the person 30 to whom it is addressed of the relevant offences set out in sub- part 9. immediately; or any other stated time.
(4) (5) 25 94 Criminal Proceeds (Recovery) Bill Part 2 cl 132 Warrants, powers, notices, and orders Warrants and powers associated with foreign restraint restraining orders and foreign forfeiture orders 130 Warrants associated with foreign restraint restraining orders and foreign forfeiture orders 5 (1) A member of the police, if authorised under section 59(2)(a) of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 107, may apply for a search warrant of that kind.
Sections 107(1) to (3), section 108, and sections 110, 10 118, and 119 apply, with any necessary modifications, to an application under subsection (1).

(2) 131 Powers of Director Commissioner in relation to warrants associated with foreign restraint restraining orders and foreign forfeiture orders The Director Commissioner, if authorised under section 59(2)(b) of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 109, may apply for a search warrant of that kind.
Sections 109, 110, 118 and 119 apply, with any necessary 20 modifications, to an application under subsection (1).

15 (1) (2) 132 Powers of Official Assignee in relation to warrants associated with foreign restraint restraining orders and foreign forfeiture orders The Official Assignee, if authorised under section 59(2)(c) 25 of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 116, may apply for a search warrant of that kind.
Sections 116 to 119 apply, with any necessary modifica- tions, to an application under subsection (1).
30 (1) (2) 95 Part 2 cl 133 Criminal Proceeds (Recovery) Bill 133 Warrants, notices, and orders Provisions associated with foreign restraint restraining orders and foreign forfeiture orders The following provisions apply, with any necessary modifica- tions, to an application for a warrant made under any of sec- 5 tions 130 to 132: (a) (b) (c) (d) (e) (f) section 121 (application for search warrant): section 122 (form and content of search warrant): section 123 (when search warrant is executed): section 124 (powers conferred by search warrant): section 125 (powers of persons called to assist): section 126 (person executing warrant to produce evi- dence of authority): section 127 (inventory of items seized): section 128 (compliance with certain provisions un- 15 necessary in some circumstances).
(g) (h) 10 Subpart 8—Foreign restraint restraining orders and foreign forfeiture orders Interim foreign restraining orders 134 (1) (2) 20 Interim foreign restraining order The Director Commissioner may apply for an interim foreign restraining order if authorised by the Attorney-General under section 60 of the Mutual Assistance in Criminal Matters Act 1992.
Subpart 2 of Part 2 (except sections 37 to 42) applies to 25 an application made under subsection (1)— (a) with any necessary modifications: (b) without limiting paragraph (a), with the following specific modifications: (i) a reference to significant criminal activity must 30 be read as a reference to significant foreign crim- inal activity: the reference in section 28(2) to a respondent’s legal expenses must be read as including a ref- erence to a person’s expenses in defending alle- 35 gations of the commission of significant foreign criminal activity in a foreign country.
(ii) 96 Criminal Proceeds (Recovery) Bill Part 2 cl 136 (4) (3) An interim foreign restraining order is to be treated in all re- spects (other than under sections 37 to 42) as if it were a restraining order.

This section applies, with any necessary modifications, to an application for a restraining order made under section 112 of 5 the International Crimes and International Criminal Court Act 2000.
Compare: 1991 No 120 s 66A(1), (2), (6) 135 Expiry of interim foreign restraining orders (1) An interim foreign restraining order expires when the earlier 10 of the following occurs: (a) (b) the date is reached that is the end of 28 days (commenc- ing on the day on which the order is made): a foreign restraining order relating to some or all of the property to which the interim foreign restraining order 15 relates is registered in New Zealand.
(2) Despite subsection (1), if the duration of an interim foreign restraining order is extended by a court, the interim foreign re- straining order expires on the date specified by the court under section 136.

Compare: 1991 No 120 s 66A(3), (4) 136 Extending duration of interim foreign restraining order (1) If a court has made an interim foreign restraining order, the ap- plicant for that order may, before the interim foreign restrain- ing order expires, apply to that court to extend its duration.
If an application is made under subsection (1), the court may order that the interim foreign restraining order be extended for a period not exceeding 3 months.

The duration of an interim foreign restraining order may be extended more than once under this section.
If, before an interim foreign restraining order would otherwise expire under section 135(1), an application is made to a court under this section and the application is granted, the interim foreign restraining order ceases to be in force on the date spe- (2) (3) (4) 20 25 30 97 Part 2 cl 137 Criminal Proceeds (Recovery) Bill cified in the court’s order, unless it is further extended on an application under this section.
Compare: 1991 No 120 s 66(1), (2) 137 Additional matters relating to extending duration of interim foreign restraining order (1) On making an order under section 136, the court may vary the interim foreign restraining order in any way it considers fit, including, without limitation, by specifying whether all or part of the property is to remain subject to the interim foreign restraining order during the extended period of operation.
(2) An applicant for an order under section 136 must serve, so far as is practicable, a copy of the application on any person who, to the knowledge of the applicant, has an interest in the property that is the subject of the application.
Compare: 1991 No 120 s 66(3), (4) 5 10 15 Registering foreign restraining orders 138 Who may apply to register foreign restraining order The Director Commissioner may apply to register a foreign restraining order in New Zealand if authorised by the Attor- ney-General under section 54 of the Mutual Assistance in 20 Criminal Matters Act 1992.
139 Application to register foreign restraining order made to High Court If authorised to register a foreign restraining order in New Zealand under section 54 of the Mutual Assistance in Crim- 25 inal Matters Act 1992, the Director Commissioner may apply to the High Court.
140 Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders The following sections of subpart 2 of Part 2 apply, with all 30 necessary modifications, if an application is made to register a foreign restraining order in New Zealand under section 54 of the Mutual Assistance in Criminal Matters Act 1992 or an application is made to register a restraining order under section (1) 98 Criminal Proceeds (Recovery) Bill Part 2 cl 140 112(2) of the International Crimes and International Criminal Court Act 2000: (a) section 19 (application to identify proposed restrained property, respondent (if any), and interest holders): section 21 (application for restraining order on no- 5 tice): section 22 (application for restraining order without notice): section 23 (who may be heard at hearing for restrain- ing order): section 27 (registration of restraining orders on regis- ters): section 28 (conditions on restraining order): section 29 (undertakings as to damage or costs in re- lation to restraining orders): section 32 (certain dispositions or dealings set aside): section 33 (applying for further order): section 34 (making further orders): section 35 (types of further order): section 36 (impact of certain further orders).
15 20 10 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (2) Without limiting subsection (1), a reference in any of the provisions listed in subsection (1) to a restraining order must be read as a reference to a foreign restraining order.
Sections 30 and 31 (relating to relief) apply in relation to a foreign restraining order registered in New Zealand only if the 25 person applying for relief— (a) (3) (b) has not already been a party to proceedings associated with the making of the foreign restraining order in the foreign country where it was made; and has good reason for failing to have attended the hearing 30 connected with the making of the foreign restraining order in the foreign country where it was made; and has not unlawfully benefited from the significant for- eign criminal activity to which the foreign restraining order relates.
Compare: 1991 No 120 s 66B(1) (c) 35 99 Part 2 cl 141 Criminal Proceeds (Recovery) Bill 141 Effect of registering foreign restraining order in New 10 15 (1) Zealand If a foreign restraining order is registered in New Zealand under section 56 of the Mutual Assistance in Criminal Mat- ters Act 1992, the property specified in the foreign restraining 5 order that is located in New Zealand— (a) is not to be disposed of, or dealt with, other than is provided for in the order; and is to be under the Official Assignee’s custody and con- trol.
(b) (2) If a foreign restraining order is registered in New Zealand, the Director Commissioner must give written notice of the order to any persons whose property is the subject of the order.
Duration of foreign restraining order and further orders 142 Duration of foreign restraining order registered in New (c) (b) (1) Zealand and associated further orders The registration of a foreign restraining order in New Zealand expires on the earliest of the following dates: (a) the date when the foreign restraining order to which it 20 relates expires or is revoked: the date that is the end of 1 year after the date on which the foreign restraining order is registered in New Zealand: the date when the Director Commissioner registers a 25 foreign forfeiture order in New Zealand in respect of some or all of the property specified in the foreign re- straining order: the date on which the registration of the foreign re- straining order in New Zealand is cancelled by the High 30 Court, on an application from the Director Commis- sioner made with the approval of the Attorney-General: the date on which the registration of the foreign restrain- ing order in New Zealand has been cancelled under sec- tion 58 of the Mutual Assistance in Criminal Matters 35 Act 1992.
(2) Despite subsection (1),— (d) (e) 100 Criminal Proceeds (Recovery) Bill Part 2 cl 143 (a) (b) if a foreign restraining order is registered in New Zealand without notice, its registration expires as pro- vided in section 143; and if the registration of a foreign restraining order in New Zealand is extended as a result of an application to the 5 High Court, it expires on the date specified by the High Court under section 144.
(3) On the expiry of the registration of a foreign restraining order in New Zealand, any further order made in relation to the for- eign restraining order also expires.
10 143 Duration of registration of foreign restraining order when application without notice (1) A foreign restraining order registered in New Zealand as a result of an application made without notice under section 140(1)(i) (foreign restraining order A) ceases to be regis- 15 tered in New Zealand at the end of the period of 7 days com- mencing on the date on which it was registered.
(2) However, if, before the registration of foreign restraining order A expires, an application is made with notice to register a for- eign restraining order (foreign restraining order B) in New 20 Zealand in relation to the property to which foreign restrain- ing order A relates (whether or not the application also relates to any other property), the registration of foreign restraining order A continues in force until the application to register for- eign restraining order B is finally disposed of.
25 (3) An applicant to register foreign restraining order B must pros- ecute the application with all due diligence, and if the applicant does not do so, the High Court may, on the application of any party to the proceedings, order that the proceedings be struck out.

The High Court must, so far as it is practicable and consistent with the interests of justice, ensure that an application to regis- ter foreign restraining order B is dealt with speedily.
(4) 30 101 Part 2 cl 144 Criminal Proceeds (Recovery) Bill 144 Extension of duration of registration of foreign restraining (1) (2) (3) order If the High Court has registered a foreign restraining order in New Zealand, the applicant for that order may, before the registration of the restraining order expires, apply to the High 5 Court for an extension of the duration of the registration of the foreign restraining order in New Zealand.
If an application is made under subsection (1), the High Court may order that the registration of a foreign restraining order be extended for a further period not exceeding 1 year.

If an application is granted under this section, the registration of the foreign restraining order in New Zealand ceases at the time specified in the Court’s order.
10 145 Additional matters relating to extension of registration of foreign restraining order 15 (1) On making any order of the kind referred to in section 141, the High Court may vary the foreign restraining order in any way it considers fit, including, without limitation, by speci- fying whether all or part of the property is to remain subject to the foreign restraining order during the extended period of 20 registration in New Zealand.
(2) An applicant for an order under subsection (1) must serve a copy of the application on any person who, to the knowledge of the applicant, has an interest in the property that is the subject of the application.
25 146 Exclusion of interest from foreign restraining order registered in New Zealand (1) A person (other than the respondent) who has a severable in- terest in property restrained under a foreign restraining order that is registered in New Zealand may apply to the High Court 30 for the exclusion of that interest if the person— (a) has not already been a party to proceedings associated with the making of the foreign restraining order in the foreign country where it was made; and has good reason for failing to have attended the hearing 35 connected with the making of the foreign restraining order in the foreign country where it was made; and (b) 102 Criminal Proceeds (Recovery) Bill Part 2 cl 149 (c) (d) has not unlawfully benefited from the significant for- eign criminal activity to which the foreign restraining order relates; and has already made an application (whether granted or not) under section 30 (as made applicable by section 5 140(3)).
The High Court may, if it is satisfied of the matters in subsec- tion (1), make an order— (a) directing the Crown to transfer the interest to the appli- cant; or that the Crown pay to the applicant an amount equal to the value of the interest declared by the Court.
(b) 10 (2) Registering foreign forfeiture orders 147 Who may apply to register foreign forfeiture order The Director Commissioner may apply to register a foreign 15 forfeiture order in New Zealand if authorised by the Attor- ney-General under section 55 of the Mutual Assistance in Criminal Matters Act 1992.
148 Application to register foreign forfeiture order made to High Court If authorised to apply to register a foreign forfeiture order in New Zealand under section 55 of the Mutual Assistance in Criminal Matters Act 1992, the Director Commissioner may apply to the High Court.
149 Notice of registration of foreign forfeiture order (1) The Director Commissioner must serve notice of having ap- plied to register a foreign forfeiture order in New Zealand, so far as it is practicable to do so, on every person who, to the knowledge of Director the Commissioner, has an interest in the property to which the order relates.

The Director Commissioner must also serve notice of the in- tention to register the foreign forfeiture order in New Zealand on the Official Assignee.
(2) 20 25 30 103 Part 2 cl 150 Criminal Proceeds (Recovery) Bill 150 Registering a foreign forfeiture order The effect of registering a foreign forfeiture order in New Zealand under section 56 of the Mutual Assistance in Crim- inal Matters Act 1992 is that the property specified in the for- eign forfeiture order— (a) (b) vests in the Crown absolutely; and is in the custody and control of the Official Assignee.
5 151 Notice of registration of foreign forfeiture order may be (1) (2) (3) title to that property; or charges over that property.
recorded on registers Subsection (2) applies if an application is made for a for- 10 eign forfeiture order to be registered in New Zealand against property of a kind covered by a New Zealand enactment that enables the registration of— (a) (b) If this subsection applies, the High Court may, at any time be- fore finally determining the application, order any authority re- sponsible for administering an enactment of the kind referred to in subsection (1) (an Authority) to enter on a register a note of the fact that an application has been made to register a 20 foreign forfeiture order against the property in New Zealand.
The Court must order an Authority to cancel an entry made on a register under subsection (2) if— (a) 15 the foreign forfeiture order to which registration relates is cancelled or expired; or the specified period (as described in section 86(2)) has expired; or the foreign forfeiture order in relation to which registra- tion is sought is amended to exclude that property.
(b) (c) 25 152 Additional matters in respect of registering foreign 30 forfeiture order (1) On registering a foreign forfeiture order in New Zealand, the High Court may do either or both of the following: (a) declare the nature, extent, and value of any person’s interest in property specified in the order: give any directions that may be necessary and conveni- ent for giving effect to the foreign forfeiture order.
(b) 104 35 Criminal Proceeds (Recovery) Bill Part 2 cl 154 (2) Without limiting the generality of subsection (1)(b), if a Court registers a foreign forfeiture order in New Zealand against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the Court may direct an officer of the Court to do anything 5 reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document.
Sections 121 to 128, so far as applicable and with all neces- 10 sary modifications, apply in relation to a warrant issued under subsection (2) as if it were a warrant issued under section 107 to a member of the police.

Compare: 1991 No 120 s 15(3)–(7) (3) 15 (2) 153 Registering foreign forfeiture order relating to land (1) Nothing in section 150 affects the operation of section 99 of the Land Transfer Act 1952 in respect of an estate or interest in land under that Act.
If the High Court registers a foreign forfeiture order in New Zealand in respect of an estate or interest in land, the order 20 must be transmitted by the Registrar of the Court to the Regis- trar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Trans- fer Act 1952 or the Deeds Registration Act 1908, as the case may require.
25 Relief from foreign forfeiture order registered in New Zealand 154 Relief from foreign forfeiture order registered in New Zealand A person who claims an interest in property sought to be 30 forfeited under a foreign forfeiture order registered in New Zealand may before the date that is 6 months from the date on which the foreign forfeiture order is registered apply to the High Court for an order under section 155 if the person— 105 Part 2 cl 155 Criminal Proceeds (Recovery) Bill (a) (b) (c) has not already been a party to proceedings associated with the making of the foreign forfeiture order in the foreign country where it was made; and has good reason for failing to have attended the hear- ing connected with the making of the foreign forfeiture 5 order in the foreign country where it was made; and has not unlawfully benefited from the significant for- eign criminal activity to which the foreign forfeiture order relates.
155 High Court may grant relief from foreign forfeiture order 10 (1) (2) (3) registered in New Zealand The High Court may make an order of the kind described in subsection (2) if it is satisfied— (a) (b) of the matters in section 154; and that the applicant has an interest in the property to which 15 the order relates.
(b) The High Court may make an order— (a) directing the Crown to transfer the interest to the appli- cant; or that the Crown pay to the applicant an amount equal to 20 the value of the interest declared by the Court.
The Court may refuse to make an order of the kind described in subsection (2) if it is satisfied that— (a) the applicant was involved in the significant foreign criminal activity to which the foreign forfeiture order 25 relates; or the applicant did not acquire the interest in the property in good faith or for value (without knowing or having reason to believe that the property was tainted property) in circumstances where the applicant acquired the inter- 30 est at the time of, or after, the commission of the offence or serious criminal activity.
(b) (4) Nothing in subsection (3) requires the Court to refuse mak- ing an order.

106 Criminal Proceeds (Recovery) Bill Part 2 cl 157 Subpart 9—Miscellaneous Offences 156 Contravention of restraining orders or foreign restraining (1) (2) orders Every person commits an offence who, knowing that a re- 5 straining order has been made or that a foreign restraining order has been registered in New Zealand in respect of prop- erty, disposes or otherwise deals with that property in contra- vention of the order.
Every person who commits an offence against this section is 10 liable on conviction on indictment,— (a) in the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000 or both: in the case of a body corporate, to a fine not exceeding 15 $60,000.
Compare: 1991 No 120 s 58 (b) 157 Contravention of forfeiture orders or foreign forfeiture (1) (2) orders Every person commits an offence who, knowing that an as- 20 sets forfeiture order or profit forfeiture order or instrument for- feiture order is in force or a foreign forfeiture order is regis- tered in New Zealand in relation to property to which title is passed by registration on a register maintained under any New Zealand enactment, disposes of or otherwise deals with the 25 property before the Crown’s interest in the property has been registered in the manner required by law.
Every person who commits an offence against this section is liable on conviction on indictment,— (a) in the case of an individual, to imprisonment for a term 30 not exceeding 5 years or a fine not exceeding $20,000, or both: in the case of a body corporate, to a fine not exceeding $60,000.
Compare: 1991 No 120 s 84 (b) 35 107 Part 2 cl 158 Criminal Proceeds (Recovery) Bill 158 Failing to comply with notices, orders, orders and search (1) (2) (3) warrants Every person commits an offence who, being a person against whom an examination notice, production notice, order or pro- duction order is made,— (a) fails, without reasonable excuse, to comply with that notice or order; or in purported compliance with the order or notice, pro- duces or makes available to the Director Commissioner a document or makes a statement which the person 10 knows is false or misleading in a material particular.
(b) 5 Every person commits an offence who fails, without reason- able excuse, to comply with a search warrant issued under Parts 1 and 2 that relates to his or her premises.

Every person who commits an offence against subsection (1) 15 or (2) is liable on indictment— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000, or both: in the case of a body corporate, to a fine not exceeding 20 $40,000.
Compare: 1991 No 120 s 76 (b) 159 Search order not to be disclosed (1) Any person (including a financial institution) that is, or has been, subject to a search order must not disclose the existence 25 or the operation of the order to any person except— (a) the Commissioner of Police or a member of the police who is authorised by the Commissioner to receive the information; or an officer or agent of the recovery body, for the purpose 30 of ensuring compliance with the order; or an officer or agent of the institution, for the purposes of ensuring compliance with the order; or a lawyer, for the purpose of obtaining legal advice or representation in relation to the order.
35 (b) (ba) (c) (2) A person referred to in subsection (1)(a) must not disclose the existence or operation of the order except— (a) to another person referred in subsection (1); and 108 10 15 20 Criminal Proceeds (Recovery) Bill Part 2 cl 161 (b) for the purpose of the performance of his or her duties.
(3) A person referred to in subsection (1)(b) must not disclose the existence or operation of the order except— (a) (b) to another person referred in subsection (1); and for the purpose of ensuring that the order is complied 5 with or obtaining legal advice or representation in rela- tion to the order.
(4) A person referred to in subsection (1)(c) must not disclose the existence or operation of the order except— (a) (b) to another person referred in subsection (1); and for the purpose of giving legal advice or making repre- sentations in relation to the order.

(5) Nothing in subsections (1) to (4) prevents the disclosure of the existence or operation of a search order in connection with, or in the course of, proceedings before a court.
In this section and section 160 search order means— (a) (b) a search warrant: an examination notice, production notice, order or pro- duction order.
(6) 160 Offence to disclose existence or operation of search order Every person who knowingly contravenes any of subsec- tions (1) to (4) of section 159 commits an offence and is liable on indictment— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000, 25 or both: in the case of a body corporate, to a fine not exceeding $40,000.
Compare: 1991 No 120 s 81 (b) 161 Offence of obstruction 30 Every person who, without reasonable excuse, intentionally obstructs any person exercising a power or carrying out a duty under Parts 1 and 2 commits an offence and is liable on in- dictment— 109 Part 2 cl 162 Criminal Proceeds (Recovery) Bill (a) (b) in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000 or both: in the case of a body corporate, to a fine not exceeding $40,000.
5 162 Members of recovery body not to disclose secrets Every member of the recovery body commits an offence and is liable on summary conviction to a fine not exceeding $5,000, who knowingly contravenes section 101 or 103.

Compliance not actionable 163 Compliance not actionable No proceedings, civil or criminal, may be brought against any person because of that person’s compliance with any provision in subpart 7.
Indemnity 10 15 164 (1) (2) (3) Indemnity for enforcement officers Every enforcement officer is indemnified by the Crown in re- spect of any liability relating to the exercise or performance, or purported exercise or performance, or omission to exercise or perform, any function or power conferred or imposed on the 20 enforcement officer by or under Parts 1 and 2 or sections 142A to 142Q of the Sentencing Act 2002.
Subsection (1) does not apply if it is shown that the exer- cise or performance, or purported exercise or performance, or omission to exercise or perform, the function or power was in 25 bad faith.

The indemnity conferred by subsection (1) extends to legal costs in defending a proceeding.

(4) Nothing in this section limits or affects any provision of the Crown Proceedings Act 1950 or the Crimes Act 1961 relating 30 to the liability of the Crown on matters of justification and exercise.
110 Criminal Proceeds (Recovery) Bill Part 2 cl 166 (5) Any money required for the purposes of this section must be paid out of a Crown bank account without further appropri- ation.
In this section enforcement officer— (a) means— (i) (6) (ii) (iii) (iv) (v) the Director and any member of the recovery body: the Official Assignee: the Commissioner of Police or any member of the police: a prosecutor acting on behalf of the Crown: any person referred to in section 124 who pro- vides assistance in executing a search warrant; and 5 10 (b) includes any delegate of the enforcement officer exer- 15 cising functions and powers under Parts 1 and 2 or sections 142A to 142Q of the Sentencing Act 2002.
Compare: 1991 No 120 s 62 Operation of other laws 165 Operation of other laws not affected Nothing in Parts 1 and 2 limits or restricts the operation of any other enactment providing for the forfeiture of property or imposition of pecuniary penalties.
Compare: 1991 No 120 s 91 Effect of exercise of powers on duties of confidentiality 166 Duties as to confidentiality generally overridden (1) Sections 111 to 113 and 114 override every enactment or rule of law that obliges any person to maintain secrecy in re- lation to, or not to disclose, any matter.

Compliance by any person with any of sections 111 to 113 and 114 is not a breach of any relevant obligation of secrecy or non-disclosure or of the enactment or rule of law by which the obligation is imposed.
This section is subject to sections 167 and 168.

Compare: 1990 No 51 s 23 (2) (3) 20 25 30 35 111 Part 2 cl 167 Criminal Proceeds (Recovery) Bill 167 Legal professional privilege (1) Nothing in sections 111 to 113 and 114 requires any lawyer to disclose any privileged communication.
(2) Despite subsection (1), the Director Commissioner may, by notice in writing to any lawyer who the Director Commis- 5 sioner has reason to believe may have acted for any person who may be connected with any investigation, require that lawyer to supply to the Director Commissioner the last known name and address of that client.
For the purposes of this section, a communication is a privil- 10 eged communication only if— (a) it is a confidential communication, whether oral or writ- ten or made directly or indirectly through an agent, pass- ing between— (i) a lawyer in his or her professional capacity and 15 another lawyer in that capacity; or a lawyer in his or her professional capacity and his or her client; and (ii) (b) (c) it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act.
20 If the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified 25 person (whether a lawyer, his or her client, or any other per- son), it is not a privileged communication if it is contained in, or comprises the whole or part of, any book, account, state- ment or other record prepared or kept by the lawyer in con- nection with— (a) a trust account of the lawyer within the meaning of sec- tion 2 of the Law Practitioners Act 1982; or the operation of a financial institution within the mean- ing of section 3 of the Financial Transactions Reporting Act 1996.
(b) 30 35 If any person refuses to disclose any information or document on the ground that it is a privileged communication under this section, the Director Commissioner or that person may apply (3) (4) (5) 112 Criminal Proceeds (Recovery) Bill Part 2 cl 168 (6) (7) to a District Court Judge for an order determining whether or not the claim of privilege is valid.
For the purposes of determining any application under sub- section (5), the District Court Judge may require the infor- mation or document to be produced to him or her.

For the purposes of this section, the term lawyer means a bar- rister or solicitor of the High Court, and references to a lawyer include a firm in which he or she is a partner or is held out to be a partner.
Compare: 1990 No 51 s 24 5 10 167A Privilege in relation to tax advice (1) Nothing in sections 113 and 114 requires a tax advisor to disclose a tax advice document.

(2) Despite subsection (1), the Commissioner may, by notice in (3) (4) (5) writing to any tax advisor who the Commissioner has reason to 15 believe may have acted for any person who may be connected with any investigation, require that tax advisor to supply to the Commissioner the last known name and address of that client.
If any person refuses to disclose any information or document under this section, the Commissioner or that person may apply 20 to a District Court Judge for an order determining whether or not that refusal is valid.

For the purposes of determining any application under sub- section (3), the District Court Judge may require the infor- mation or document to be produced to him or her.
For the purposes of this section,— tax advice document has the same meaning as in section 20B of the Tax Administration Act 1994 tax advisor has the same meaning as in section 20B of the Tax Administration Act 1994.
30 25 168 Certain provisions not to apply to police, Inland Revenue, Statistics, and Reserve Bank officers Nothing in sections 111 to 113 and 114 requires any of the following persons to comply with any requirement imposed under any of those sections: 35 113 Part 2 cl 169 Criminal Proceeds (Recovery) Bill (a) (b) (c) (d) any person acting in his or her capacity as an officer of the Inland Revenue Department: any person acting in his or her capacity as a member of the police or the Police Department: any person acting in his or her capacity as a member of 5 Statistics New Zealand: any person acting in his or her capacity as an officer or employee of the Reserve Bank of New Zealand.
Compare: 1990 No 51 s 25 169 Privilege against self-incrimination no excuse No person is excused from answering any question, supplying any information, producing any document, or providing any explanation under any of sections 111 to 114 section 113 or 114 on the ground that to do so would or might incriminate or tend to incriminate that person.
Compare: 1990 No 51 s 27 10 15 Admissibility of evidence 170 Admissibility of evidence (1) No evidence that is lawfully obtained under any of sections 111 to 114 section 113 or 114 is inadmissible by reason 20 only of the fact that it was so obtained.

This section is subject to section 171.
Compare: 1990 No 51 s 26 (2) 171 Admissibility of self-incriminating statements (1) A self-incriminating statement made orally by a person 25 (whether or not the statement is recorded in writing) in the course of answering any question, or supplying any information, or producing any document, or providing any explanation, as required under any of sections 111 to 114 section 113 or 114, may be used in evidence against that 30 person only in a prosecution for an offence where the person gives evidence inconsistent with the statement.
under section 108 of the Crimes Act 1961 (which relates to perjury) or under this Act in relation to any evidence given by the person that is inconsistent with the statement.
35 114 Criminal Proceeds (Recovery) Bill Part 2 cl 172 (a) (2) Despite subsection (1), any statement made in relation to— a refusal or failure to answer any question, supply any information, produce any document, provide any ex- planation, or comply with any other requirement may be used in evidence against that person in any prosecu- 5 tion for any offence under section 158 arising from that refusal or failure: the answering of any question in a way that is false or misleading in a material particular, or the supply of any information, or the production of any document, or the 10 providing of any explanation that is false or misleading in a material particular, may be used in evidence against that person in any prosecution for any offence under section 158 arising from that act.
(b) Compare: 1990 No 51 s 28 15 172 Admissibility of evidence given to court or Official (1) (2) Assignee Subsection (2) applies if— (a) (b) any person is examined before a court, or a registrar of a court, or the Official Assignee, pursuant to an order 20 made under Parts 1 and 2; or any person is required to furnish to the Official Assignee a statement on oath.
If this subsection applies— (a) any self-incriminating statement or disclosure made by 25 the person in response to the question or any self-in- criminating statement furnished in response to the re- quirement is not admissible against that person in any civil or criminal proceedings, other than— (i) a proceeding for giving false evidence in the 30 course of the examination or, as the case may require, for making any false statement in any statement so furnished; or the prosecution of that person for an offence against section 108 of the Crimes Act 1961 35 (which relates to perjury) or under this Act in relation to any evidence given by the person that (ii) 115 Part 2 cl 173 Criminal Proceeds (Recovery) Bill is inconsistent with the statement or disclosure; or the proceedings in relation to which the statement was made or the document was given: (iii) (b) any other evidence provided by the person is admissible 5 in civil or criminal proceedings, subject to any enact- ment or rule of law to the contrary.
Compare: 1991 No 120 s 49 Arrangements to avoid operation of Parts 1 and 2 or Sentencing Act 2002 10 173 Arrangements to avoid operation of Parts 1 and 2 or Sentencing Act 2002 In this section, arrangement means— (a) any agreement, arrangement, understanding, promise of undertaking whether express or implied and whether or 15 not enforceable or intended to be enforceable at law; and any scheme, plan, proposal, action, course of action, or course of conduct.
(b) If the High Court (or if the matter relates to an instrument of 20 crime in relation to which proceedings were commenced in the District Court, the District Court) is satisfied that a person has an arrangement for the purposes of directly or indirectly defeating, avoiding, preventing, or impeding the operation of Parts 1 and 2 or sections 142A to 142Q of the Sentencing 25 Act 2002 in any way, the Court may— (a) make an order declaring the arrangement to be void wholly or in part; or (b) make an order varying the arrangement in whole or in part.
The High Court or District Court may also make other orders that it considers necessary in the circumstances to give effect to an order made under subsection (2), including, without limitation, an order to do all or any of the following: (a) (b) (c) dispose of property (including selling property): pay money to any person: dispose of the proceeds of any disposal of the property: 30 35 (1) (2) (3) 116 Criminal Proceeds (Recovery) Bill Part 2 cl 175 (d) create a charge on property in favour of a person and enforce that charge.
(4) The High Court or District Court may rescind or vary any order made under this section.
Compare: Criminal Assets Recovery Act 1990 s 59 (NSW) 5 Notices 174 Giving of notices (1) If a notice or other document is to be given to a person for the purposes of Parts 1 and 2, it may be given— (a) (b) by delivering it personally to the person; or by delivering it at the usual or last known place of resi- dence or business of the person, including by facsimile; or by sending it by pre-paid post addressed to the person at the usual or last known place of residence or business 15 of the person.
(c) 10 (2) (3) (4) If a notice or other document is to be given to a corporation for the purposes of Parts 1 and 2, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on 20 the corporation.

If a notice or other document is to be given to a partnership for the purposes of Parts 1 and 2, service on any one of the partners in accordance with subsections (1) and (2) is deemed to be service on the partnership.
If a notice or other document is sent by post to a person in ac- cordance with subsection (1)(c), it is deemed, in the absence of proof to the contrary, to have been given on the 3rd day after the day on which it was posted.

25 Effect of death 175 Effect of death (1) Any notice or other document authorised or required to be given to a person under Parts 1 and 2 is, if the person is dead, sufficiently given if given to the person’s legal personal representative.
30 35 117 Part 2 cl 176 Criminal Proceeds (Recovery) Bill (2) A reference in Parts 1 and 2 to an interest in property of a person is, in the case of a person who is dead, a reference to an interest in the property that the person had immediately before death.

(3) An order can be applied for and made under Parts 1 and 2— 5 (a) (b) in respect of a person’s interest in property even if the person is dead; and on the basis of the activities of a person who is dead.
176 Effect of death of joint owner of restrained property (1) If a person has an interest in property as joint owner of the 10 property, the person’s death after a restraining order is made in respect of the interest does not (while the order is in force) op- erate to vest the interest in the surviving joint owner or owners and the restraining order continues to apply to the interest as if the person had not died.
15 (2) An assets forfeiture order or instrument forfeiture order made in respect of that interest applies as if the order took effect in relation to the interest immediately before the person died.

If a restraining order ceases to apply to an interest in property without an assets forfeiture order or instrument forfeiture order 20 being made in respect of that interest, subsection (1) is taken not to have applied to the interest.
(3) 177 RepealsRepeal Repeal The Proceeds of Crime Act 1991 (1991 No 120) is repealed.
25 Transitional provisions 178 Proceeds of Crime Act 1991 continues in force for certain purposes Despite section 177, the Proceeds of Crime Act 1991 con- tinues in force for the purposes of— (a) continuing and completing any proceedings or other matter commenced under that Act before the com- mencement of Parts 1 and 2 (including the making or enforcement of any order arising from those proceed- ings): 30 35 118 Criminal Proceeds (Recovery) Bill Part 2 cl 181 (b) the exercise of any power or function under that Act in relation to any matter referred to in paragraph (a).
Regulations and rules 179 Regulations The Governor-General may from time to time, by Order in 5 Council, make regulations for all or any of the following pur- poses: (a) prescribing applications, notices, and other documents for the purposes of Parts 1 and 2 and requiring their use: prescribing forms for the purposes of Parts 1 and 2 and requiring their use: providing for the service of notices and other documents under Parts 1 and 2 to be dispensed with in such cir- cumstances as are specified in the regulations: prescribing or providing for the costs recoverable by the Official Assignee under section 87: setting out procedures for the return or disposal of docu- ments or other evidence seized, produced, or surren- dered under subpart 7: providing for such other matters as are contemplated by, or are necessary for giving full effect to, Parts 1 and 2 and for its due administration.
(b) (c) (d) (e) (f) Compare: 1991 No 120 s 89 180 Rules The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under Parts 1 and 2.

Compare: 1991 No 120 s 90 Subpart 10—Consequential amendments to other enactments Amendments to Crimes Act 1961 181 Amendments to Crimes Act 1961 Sections 182 to 184 amend the Crimes Act 1961.
119 10 15 20 25 30 Part 2 cl 182 Criminal Proceeds (Recovery) Bill 182 Defence of enforcement of enactment Section 244(b) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.
183 Destruction of relevant records made by use of 5 interception device Section 312J is amended by inserting the following subsection after subsection (1): “(1A) In subsection (1), proceedings includes proceedings under sections 142A to 142Q of the Sentencing Act 2002 and 10 any proceedings under the Criminal Proceeds (Recovery) Act 2006.” 184 Restriction on admissibility of evidence of private communications lawfully intercepted Section 312N is amended by repealing paragraph (i) and sub- 15 stituting the following paragraphs: “(i) offences of 2 or more of those kinds specified in para- graphs (a) to (h); or an offence specified in paragraphs (a) to (h) and the evidence is relevant to a proceeding under the Criminal 20 Proceeds (Recovery) Act 2006 or a proceeding under sections 142A to 142Q of the Sentencing Act 2002.” “(j) Amendments to Customs and Excise Act 1996 185 Amendments to Customs and Excise Act 1996 Sections 186 to 188 amend the Customs and Excise Act 25 1996.
186 Detention of goods suspected to be tainted property (1) Section 166A is amended by omitting the heading and substi- tuting the following heading: “Detention of goods suspected to be instrument of crime or tainted property”.
Section 166A is amended by repealing paragraph (c) and sub- stituting the following paragraph: “(c) he or she has good cause to suspect that the goods are an instrument of crime or tainted property (as those terms (2) 120 30 Criminal Proceeds (Recovery) Bill Part 2 cl 190 are defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2006).” 187 Further provisions about detention under section 166A Section 166C(4)(d) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Re- 5 covery) Act 2006”.
188 Return of goods detained under section 166A Section 166D(3) is amended by repealing paragraph (a) and substituting the following paragraph: “(a) an information is laid in respect of the relevant qualify- 10 ing instrument forfeiture offence (as defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2006); or”.

Amendment to Evidence Act 1908 189 Amendment to Evidence Act 1908 Section 190 amends the Evidence Act 1908.
15 190 Undercover police officers Section 13A is amended by adding the following subsection: “(10) This section also applies with any necessary modifications in any case where a person is being proceeded against or is to be 20 proceeded against under— “(a) the Criminal Proceeds (Recovery) Act 2006; or “(b) sections 142A to 142Q of the Sentencing Act 2002.” Amendments to Evidence Act 2006 189 Amendment to Evidence Act 2006 Section 190 amends the Evidence Act 2006.
25 190 Undercover police officers Section 108 is amended by adding the following subsection: “(6) This section also applies, with any necessary modifications, in any case where a person is being, or is to be, proceeded against 30 under— 121 Part 2 cl 191 Criminal Proceeds (Recovery) Bill the Criminal Proceeds (Recovery) Act 2006; or “(a) “(b) sections 142A to 142Q of the Sentencing Act 2002.” Amendments to Financial Transactions Reporting Act 1996 191 Amendments to Financial Transactions Reporting Act 5 1996 Sections 192 to 201 amend the Financial Transactions Re- porting Act 1996.
192 Title amended The Long Title is amended by omitting “Proceeds of Crime 10 Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.

193 Verification of identity where money laundering or (1) (2) proceeds of crime suspected The heading to section 11 is amended by omitting “proceeds 15 of crime” and substituting “proceeds of significant criminal activity”.

Section 11(1)(b)(ii) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Re- covery) Act 2006”.
20 194 Offences Section 13(1)(j)(ii)(B) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recov- ery) Act 2006”.

195 Financial institutions to report suspicious transactions 25 Section 15(1)(b)(ii) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Re- covery) Act 2006”.
196 Auditors may report suspicious transactions Section 16(b) is amended by omitting “Proceeds of Crime Act 30 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.

122 Criminal Proceeds (Recovery) Bill Part 2 cl 200 197 Protection of identity of persons making suspicious (1) (2) transaction reports Section 21(2)(b) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.
Section 21(2) is amended by repealing paragraphs (c) and (d) and substituting the following paragraphs: “(c) any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2006: any activity relating to the making of an instrument for- feiture order under section 142N of the Sentencing Act 2002: the administration of the Mutual Assistance in Criminal Matters Act 1992.” “(d) “(e) 5 10 15 198 Offences Section 22(1)(b)(ii) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Re- covery) Act 2006”.
199 Commissioner to issue guidelines relating to reporting 20 of suspicious transactions Section 24(1)(a)(ii) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Re- covery) Act 2006”.

(2) 200 Application of Privacy Act 1993 (1) Section 28(c) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.
Section 28 is amended by repealing paragraphs (d) and (e) and substituting the following paragraphs: “(d) any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2006: 25 30 123 Part 2 cl 201 Criminal Proceeds (Recovery) Bill “(e) “(f) any activity relating to the making of an instrument for- feiture order under section 142N of the Sentencing Act 2002: the administration of the Mutual Assistance in Criminal Matters Act 1992.” 5 (2) 201 Application of Privacy Act 1993 (1) Section 43(b) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.
Section 43 is amended by repealing paragraphs (c) and (d) and 10 substituting the following paragraphs: “(c) any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2006: any activity relating to the making of an instrument for- 15 feiture order under section 142N of the Sentencing Act 2002: the administration of the Mutual Assistance in Criminal Matters Act 1992.” “(d) “(e) Amendments to International Crimes and International Criminal Court Act 2000 202 Amendments to International Crimes and International Criminal Court Act 2000 Sections 203 to 207 amend the International Crimes and International Criminal Court Act 2000.
20 25 Interpretation Paragraph (b) of the definition of forfeiture order in section 4 is amended by omitting “pecuniary penalty order” and sub- stituting “profit forfeiture order”.
The definition of tainted property in section 4 is repealed and 30 the following definition substituted: “tainted property, in relation to an international crime, means any— “(a) instrument of crime as defined in section 5(1) of the Criminal Proceeds (Recovery) Act 2006; or 35 203 (1) (2) 124 Criminal Proceeds (Recovery) Bill Part 2 cl 206 “(b) tainted property as defined in section 5(1) of the Crim- inal Proceeds (Recovery) Act 2006.” 204 Attorney-General may authorise measures “(1) Section 112(1) is repealed and the following subsection sub- stituted: If the Attorney-General gives authority for the request for as- sistance in identifying, tracing and freezing, or seizing tainted property to proceed, the Attorney-General may authorise the appropriate New Zealand authority to apply for 1 or more of the following orders or warrants: “(a) a search warrant under section 107 or 109 of the Criminal Proceeds (Recovery) Act 2006: any restraining order made under the Criminal Proceeds (Recovery) Act 2006: a production order under section 112 of the Criminal 15 Proceeds (Recovery) Act 2006.” 5 10 “(b) “(c) 205 Method of registration of order Section 128(3) and (4) are amended by omitting “Proceeds of Crimes Act 1991” and substituting in each case “Criminal Proceeds (Recovery) Act 2006”.
20 206 New sections 130 and 131 substituted Sections 130 and 131 are repealed and the following sections substituted: “130 Effect of registration of order “(1) A forfeiture order registered under section 128 has effect and 25 may be enforced as if it were a profit forfeiture order— “(a) made by the High Court under the Criminal Proceeds (Recovery) Act 2006; and entered on the date of registration.

“(b) “(2) Subsection (1) applies subject to sections 132 and 133.
“(3) If a forfeiture order is registered under section 128,— “(a) 30 subpart 3 of Part 2 of the Criminal Proceeds (Recov- ery) Act 2006 so far as is applicable and with any ne- cessary modifications, and except to the extent that this Act provides otherwise, applies in relation to the order; 35 and 125 Part 2 cl 207 Criminal Proceeds (Recovery) Bill “(b) “(c) the property must be disposed of, or otherwise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney-General may give such directions as may be necessary to give effect to that order or those directions; and if, for any reason, the Attorney-General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney-General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested 10 immediately before the forfeiture order was made.
5 “(4) A restraining order registered in accordance with section 112(2) has effect, and may be enforced, as if it were a re- straining order— “(a) made under the Criminal Proceeds (Recovery) Act 15 2006; and entered on the date of registration.
“(b) “131 Forfeiture order may be treated as profit forfeiture order If the Attorney-General is unable to give effect to a forfeiture “(1) order, the Attorney-General must take measures to recover— 20 the value specified by the ICC as the value of the tainted “(a) property ordered by the ICC to be forfeited; or if the ICC has not specified the value of the tainted prop- erty, the value that, in the opinion of the Attorney-Gen- eral, is the value of the tainted property ordered by the 25 ICC to be forfeited.
“(b) “(2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a profit forfeiture order for the equivalent amount and may be enforced accordingly as if it were a profit forfeiture order— “(a) made by the High Court under the Criminal Proceeds 30 (Recovery) Act 2006; and entered on the date of registration.” “(b) 207 Cancellation of registration order Section 134(4) is amended by omitting “Proceeds of Crime 35 Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.
126 Criminal Proceeds (Recovery) Bill Part 2 cl 212 Amendments to International War Crimes Tribunals Act 1995 208 Amendments to International War Crimes Tribunals Act 1995 Sections 209 to 211 amend the International War Crimes 5 Tribunals Act 1995.
209 New section 43 substituted Section 43 is repealed and the following section substituted: “43 Effect of registration of order Subject to sections 44 to 47, a forfeiture order registered in 10 accordance with section 42 has effect and may be enforced as if it were a profit forfeiture order made by the High Court under the Criminal Proceeds (Recovery) Act 2006 and entered on the date of registration.” 210 Registered forfeiture orders 15 Section 44 is amended by repealing paragraph (a) and substi- tuting the following paragraph: “(a) subpart 3 of Part 2 of the Criminal Proceeds (Recov- ery) Act 2006 so far as is applicable and with any ne- cessary modifications, and except to the extent that this 20 Act provides otherwise, applies in relation to the order; and”.
211 Cancellation of registration of forfeiture order Section 47(4) is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Proceeds (Recovery) Act 25 2006”.

Amendment to Judicature Act 1908 212 Amendment to Judicature Act 1908 Section 213 amends the Judicature Act 1908.
127 Part 2 cl 213 Criminal Proceeds (Recovery) Bill 213 Application of Part 4A Rule 458D(1)(a)(xvii) of Schedule 2 is amended by omitting “Proceeds of Crime Act 1991” and substituting “Criminal Pro- ceeds (Recovery) Act 2006”.

Amendments to Legal Services Act 2000 5 214 Amendments to Legal Services Act 2000 Sections 215 and 216 amend the Legal Services Act 2000.
215 When legal aid may be granted: civil matters Section 9 is amended by adding the following subsections: “(11) The Agency may grant legal aid to an applicant in respect of a 10 civil proceeding under the Criminal Proceeds (Recovery) Act 2006 if the Agency considers that the interests of justice re- quire that the applicant be granted legal aid.
“(12) In considering whether or not the interests of justice require that an applicant be granted legal aid under subsection (7), the 15 Agency must have regard to— “(a) whether there are any serious consequences for the ap- plicant if legal aid is not granted; and “(b) whether there are any complex factual, legal, or eviden- tial matters in the proceeding that require the applicant 20 to be legally represented.
“(13) Subsections (3) and (4) do not apply to an application for legal aid in respect of a civil proceeding under the Criminal Pro- ceeds (Recovery) Act 2006.” 216 Schedule 1 amended 25 Schedule 1 is amended by repealing clause 3(2)(c) clause 3(1)(f) and substituting the following paragraphs: “(f) the value of the subject matter of the proceedings, unless the Agency determines a proportion of that value that should be included in the assessment of the person’s 30 total assets: the value of any property that is the subject of a restrain- ing order under the Criminal Proceeds (Recovery) Act 2006.” “(g) 128 Criminal Proceeds (Recovery) Bill Part 2 cl 220 Amendment to Misuse of Drugs Act 1975 217 Amendment to Misuse of Drugs Act 1975 Section 218 amends the Misuse of Drugs Act 1975.
218 Laundering proceeds of drug offences Section 12B(6)(b) is amended by omitting “Proceeds of Crime 5 Act 1991” and substituting “Criminal Proceeds (Recovery) Act 2006”.

Amendment to Summary Proceedings Act 1957 219 Amendment to Summary Proceedings Act 1957 Section 220 amends the Summary Proceedings Act 1957.
10 220 Part 2 of Schedule 1 amended Part 2 of Schedule 1 of the Summary Proceedings Act 1957 is amended by omitting the item relating to the Proceeds of Crime Act 1991 and substituting the following item: Criminal Proceeds (Recovery) Act 2006 156 Contravention of restraining orders or foreign restraining orders 157 Contravention of forfeiture orders or for- 158 eign forfeiture orders Failing to comply with notices, orders, and search warrants 160 Offence to disclose existence or oper- ation of search order 161 Offence of obstruction (1) (2) Part 2 of Schedule 1 is amended by omitting the item relating 15 to the Proceeds of Crime Act 1991.
Part 2 of Schedule 1 is amended by inserting the following item after the item relating to the Criminal Investigations (Bodily Samples) Act 1995: Criminal Proceeds (Recovery) Act 2006 156 Contravention of restraining orders or foreign restraining orders 157 Contravention of forfeiture orders or for- 158 eign forfeiture orders Failing to comply with orders and search warrants 129 Part 2 cl 221 Criminal Proceeds (Recovery) Bill 160 Offence to disclose existence or oper- ation of search order 161 Offence of obstruction Amendment Amendments to Tax Administration Act 1994 221 Amendment Amendments to Tax Administration Act 1994 Section 222 amends Sections 222 and 222A amend the 5 Tax Administration Act 1994.
222 Officers to maintain secrecy (1) Section 81(4) is amended by inserting the following paragraph after paragraph (g): “(gb) communicating to any authorised person (as defined in 10 section 104(1) of the Criminal Proceeds (Recovery) Act 2006) any information required for the purpose specified in subsection (2)(b) of that section:”.
Section 87(4) is amended by inserting the following paragraph after paragraph (d): “(db) where it is given to any authorised person (as defined in section 104(1) of the Criminal Proceeds (Recov- ery) Act 2006), be kept by the Director as a permanent record:”.
15 (2) 222 Officers to maintain secrecy 20 Section 81(4) is amended by inserting the following paragraph after paragraph (gb): “(gc) communicating to any authorised person (as defined in section 104(1) of the Criminal Proceeds (Recovery) Act 2006) any information required for the purpose 25 specified in subsection (2)(b) of that section:”.
222A Further secrecy requirements (1) Section 87(4) is amended by inserting the following paragraph after paragraph (db): 130 Criminal Proceeds (Recovery) Bill Part 2 cl 227 “(dc) where it is given to any authorised person (as defined in section 104(1) of the Criminal Proceeds (Recovery) Act 2006), be kept by the Commissioner as a permanent record:”.

(2) Section 87(5)(a)(i) is amended by inserting “(gc),” after 5 “(gb),”.
Amendments to Terrorism Suppression Act 2002 223 Amendments to Terrorism Suppression Act 2002 Sections 224 to 230 amend the Terrorism Suppression Act 2002.

10 224 Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities Section 9(3)(b) is amended by omitting “section 50 of the Pro- ceeds of Crime Act 1991” and substituting “section 80 of the 15 Criminal Proceeds (Recovery) Act 2006”.
225 Further provisions about detention under section 47A Section 47C(5)(d) is amended by omitting “Proceeds of Crime Act 1991”, and substituting “Criminal Proceeds (Recovery) Act 2006”.
20 226 Variation, revocation, or expiry of direction Section 50(3)(b) is repealed and the following paragraph sub- stituted: “(b) on a forfeiture order being made under section 55 in re- lation to the property concerned, in which case section 25 85 of the Criminal Proceeds (Recovery) Act 2006 (as modified and applied by section 57(c) of this Act) ap- plies.” 227 New section 51 substituted Section 51 is repealed and the following section substituted: 30 131 Part 2 cl 228 Criminal Proceeds (Recovery) Bill “51 Further provisions on management of property subject to section 9 The following sections of the Criminal Proceeds (Recovery) Act 2006 apply, with the following (and any other necessary) modifications, to property that is the subject of a direction 5 under section 48, as if the direction were a restraining order under that Act: “(a) section 27 (which relates to the registration of restrain- ing orders): “(b) section 32 (which relates to applications for orders that 10 certain dispositions or dealings be set aside, except that the applications must be made by the Attorney-Gen- eral): section 80 (which relates to powers of the Official As- signee to preserve the value of property): “(c) 15 “(e) “(d) section 81 (which relates to the Official Assignee’s liability for payment of rates, etc, on the property): section 87 (which relates to costs recoverable by the Official Assignee, and any regulations made under that Act for the purposes of that section apply, with any ne- 20 cessary modifications, accordingly): sections 88 to 90 (which relate to the Official As- signee making and revoking delegations, except that the delegations must relate only to functions and powers of the Official Assignee under this Act): “(f) 25 “(g) section 156 (which makes it an offence to dispose of or deal with the property in contravention of a restraining order, knowing that the restraining order has been made in respect of the property): “(h) section 164 (which relates to an indemnity for en- 30 forcement officers, except that the
 indemnity must re- late only to the exercise or performance, or purported exercise or performance, or omission to exercise or per- form, functions and powers of the Official Assignee under this Act).” 35 228 New section 57 substituted Section 57 is repealed and the following section substituted: 132 Criminal Proceeds (Recovery) Bill Part 2 cl 229 “57 Further provisions relating to orders under section 55 The following sections of the Criminal Proceeds (Recovery) Act 2006 and the Sentencing Act 2002 apply, with the fol- lowing (and all other necessary) modifications, to the making, effect, operation, and discharge of an order under section 55, 5 as if the order were an instrument forfeiture order under sec- tion 142N of the Sentencing Act 2002: “(a) sections 70, 72, and 73 of the Criminal Proceeds (Recovery) Act 2006 (which relate to the effect of the order) except that— “(i) the reference in section 73(2) to the Official As- signee must be read as a reference to the Attor- ney-General, and the property may be disposed of or otherwise dealt with in accordance with any direction of the Attorney-General; and references in section 73 to an instrument forfei- ture order must be read as reference to an order under section 35(2) or section 55 of this Act: “(ii) 10 15 “(b) section 85 of the Criminal Proceeds (Recovery) Act 2006 (which relates to the Official Assignee discharg- 20 ing the order), except that the relevant appeal period in relation to the making of an order under section 35(2) or section 55 of this Act means the period ending— “(i) when the time for bringing on an appeal against “(ii) the decision of the Court expires, if no such ap- 25 peal has been brought; or if an appeal against the decision of the Court has been brought, when the appeal is finally deter- mined or withdrawn, whichever occurs first: section 142N(3)(a), (4), and (5) of the Sentencing 30 Act 2002 (which relate to the terms of the order and to any directions that are necessary and convenient
 for giving effect to it).” “(c) 229 New section 71 substituted Section 71 is repealed and the following section substituted: 35 “71 Criminal Proceeds (Recovery) Act 2006 not affected Nothing in this Act affects the Criminal Proceeds (Recovery) Act 2006.” 133 Part 2 cl 230 Criminal Proceeds (Recovery) Bill 230 Section 81 repealed Section 81 is repealed.
Part 3 Amendments to Mutual Assistance in Criminal Matters Act 1992 and Sentencing Act 2002 Subpart 1—Amendments to Mutual Assistance in Criminal Matters Act 1992 5 231 Purpose of subpart The purpose of this subpart is to amend the Mutual Assistance 10 in Criminal Matters Act 1992 so that it applies to foreign re- straint restraining order and foreign forfeiture order schemes that are civil, as well as criminal, in nature.
232 Principal Act amended This subpart amends the Mutual Assistance in Criminal Mat- 15 ters Act 1992.

Interpretation Section 2(1) is amended by inserting the following definition before above the definition of Central Authority: “assets forfeiture order has the same meaning as in section 20 5(1) of the Criminal Proceeds (Recovery) Act 2006”.
The definitions of document and financial institution in sec- tion 2(1) are repealed and the following definitions substituted: “Director or Director of Criminal Proceeds Confiscation has the same meaning as in section 5(1) of the Criminal Pro- 25 ceeds (Recovery) Act 2006 “Commissioner means the Commissioner of Police “document has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “examination notice order means a notice an order issued 30 under section 114 of the Criminal Proceeds (Recovery) Act 2006 233 (1) (2) 134 (3) (4) (5) (6) Criminal Proceeds (Recovery) Bill Part 3 cl 233 “financial institution has the same meaning as in section 3 of the Financial Transactions Reporting Act 1996”.
The definition of foreign drug-dealing offence in section 2(1) is repealed.
The definition of foreign forfeiture order in section 2(1) is 5 repealed and the following definition substituted: “foreign forfeiture order means— “(a) an order made under the law of a foreign country by a court or other judicial authority for the forfeiture of property that is— “(i) tainted property (as defined in relation to Part 3); or 10 “(ii) property of a person who has unlawfully bene- fited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to 15 Part 3); or a foreign pecuniary penalty order”.
“(b) The definition of foreign pecuniary penalty order in section 2(1) is repealed and the following definitions are substituted: “foreign order means a foreign forfeiture order or a foreign 20 restraining order “foreign pecuniary penalty order means an order, made under the law of a foreign country by any court or other judicial authority, imposing a pecuniary penalty in respect of benefits derived by a person from significant foreign criminal 25 activity (whether proved to a civil or criminal standard); but does not include an order for the payment of a sum of money by way of compensation, restitution, or damages to an injured person”.
The definition of foreign restraining order is repealed and 30 the following definition substituted: “foreign restraining order means an order made under the law of a foreign country by a court or other judicial authority that— “(a) restrains a particular person, or all persons, from dealing 35 with the property specified in the order; and relates to— “(b) 135 Part 3 cl 233 Criminal Proceeds (Recovery) Bill “(i) tainted property (as defined in relation to Part 3); or “(ii) property of a person who has unlawfully bene- fited from significant foreign criminal activity; or “(iii) an instrument of a crime (as defined in relation to 5 Part 3); or “(iv) property that will satisfy some or all of a foreign pecuniary penalty order”.
The definition of foreign serious offence in section 2(1) is repealed and the following definition substituted in its appro- 10 priate alphabetical order: “foreign qualifying forfeiture offence means— “(a) an offence in a foreign country that is punishable in that country by a maximum term of imprisonment of 5 years or more (including an attempt to commit, conspiring to 15 commit, or being an accessory to an offence if the maxi- mum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more); and an offence under the law of a foreign country that is a party to the United Nations Convention against 20 Transnational Organised Crime, done at New York on 15 November 2000, if— “(i) it is punishable by imprisonment for a term of 4 years or more; and there are reasonable grounds to suspect that it 25 is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention)”.
“(ii) “(b) The definition of forfeiture order in section 2(1) is repealed 30 and the following definitions substituted: “forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “instrument forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 35 (7) (8) 136 Criminal Proceeds (Recovery) Bill Part 3 cl 233 “instrument of crime— “(a) in relation to Part 2, has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006; and in relation to Part 3, means any property used, wholly 5 or in part, to commit or facilitate the commission of a foreign qualifying forfeiture offence”.
“(b) The definition of forfeiture order in section 2(1) is repealed.
(8) (8A) The following definitions are inserted in section 2(1) in their appropriate alphabetical order: “forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “instrument forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “instrument of crime— “(a) in relation to Part 2, has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006; and in relation to Part 3, means any property used, wholly or in part, to commit or facilitate the commission of a 20 foreign qualifying forfeiture offence”.
10 15 “(b) The definition of monitoring order in section 2(1) is repealed.

(9) (10) The definition of pecuniary penalty order in section 2(1) is repealed.

(11) The definition of Proceeds of Crime Act in section 2(1) is 25 repealed.
(12) The definition of production order in section 2(1) is repealed and the following definitions are substituted: “production notice means a notice issued under section 111 of the Criminal Proceeds (Recovery) Act 2006 “production order means an order made under section 113 of the Criminal Proceeds (Recovery) Act 2006 “profit forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006”.
30 (13) The definition definitions of property and property-tracking 35 document in section 2(1) is are repealed and the following definitions substituted: 137 Part 3 cl 233 Criminal Proceeds (Recovery) Bill “property has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “qualifying instrument forfeiture offence has the same meaning as in section 5(1) of the Criminal Proceeds (Re- covery) Act 2006”.
(14) The definitions of restraining order, serious offence, and tainted property in section 2(1) are repealed and the follow- ing definitions substituted: “restraining order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “significant criminal activity has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 “significant foreign criminal activity— “(a) means an activity engaged in by a person in a foreign 5 10 country that if proceeded against as a criminal offence 15 in that country— “(i) would amount to offending— “(B) “(A) that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or from which property, proceeds, or benefits of a value of $30,000 or more have, di- rectly or indirectly, been acquired or de- rived; and “(ii) whether or not— 20 25 “(A) “(B) “(C) the person has been charged with or con- victed of the offending; or the person has been acquitted of the of- fending; or the person’s conviction for the offending 30 has been quashed or set aside; and “(b) includes an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if— “(i) it is punishable by imprisonment for a term of 4 years or more; and there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 35 “(ii) 138 Criminal Proceeds (Recovery) Bill Part 3 cl 233 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) “tainted property,— “(a) in relation to Part 2, has the same meaning as in section 5 5(1) of the Criminal Proceeds (Recovery) Act 2006; and in relation to Part 3,— “(i) means any property that has, wholly or in part, “(b) “(ii) been— “(A) acquired as a result of significant foreign 10 criminal activity; or “(B) directly or indirectly derived from signifi- cant foreign criminal activity; and includes
 any property that has been— “(A) acquired as a result of more than 1 activity if at least 1 of those activities is a signifi- cant foreign criminal activity; or “(B) directly or indirectly derived from more 15 than 1 activity if at least 1 of those activ- 20 ities is a significant foreign criminal activ- ity “unlawfully benefited from significant foreign criminal activity means a person has knowingly, directly or indirectly, derived a benefit from significant foreign criminal activity 25 (whether or not the person deriving the benefit undertook or was involved in the significant foreign criminal activity)”.
(15) Section 2(2) is repealed and the following subsection is sub- stituted: “(2) A reference in this Act to criminal proceedings or a criminal 30 investigation includes proceedings or investigations into the following matters: “(a) revenue (including taxation and customs and excise du- ties): foreign exchange control: the forfeiture of property as a result of the commission of an offence: 35 “(b) “(c) 139 Part 3 cl 234 Criminal Proceeds (Recovery) Bill “(d) “(e) the restraint of dealings with property or the freezing of assets that may be forfeited as a result of the commis- sion of an offence: imposing or recovering pecuniary penalties under, and restraining dealing with property needed to satisfy, a 5 foreign pecuniary penalty order imposed as a result of the commission of an offence.” 234 New sections 2A and 2B inserted The following sections are inserted after section 2: “2A Certain investigations relating to civil proceedings 10 deemed to be criminal investigations “(1) An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfei- ture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things in subsection (2) 15 must be treated as a criminal investigation for the purposes of Part 2 despite the related proceedings being civil in nature.
“(2) The things referred to in subsection (1) are— “(a) tainted property (as defined in relation to Part 2); or “(b) property of a person who has unlawfully benefited from 20 significant criminal activity.
“(3) An investigation in a foreign country certified by the Central Authority for that country to have commenced in that country relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any 25 of the things referred to in subsection (4) must be treated as a criminal investigation for the purposes of Part 3 despite the related proceedings being civil in nature.
“(4) The things referred to in subsection (3) are— tainted property (as defined in relation to Part 3); or “(a) “(b) property of a person who has unlawfully benefited from 30 “(c) significant criminal activity; or an instrument of crime (as defined in relation to Part 3); or “(d) property that will satisfy all or part of a pecuniary 35 penalty order.

“(5) Investigations treated as criminal investigations under this sec- tion are criminal matters for the purposes of Parts 2 and 3.
140 Criminal Proceeds (Recovery) Bill Part 3 cl 235 “2B Certain civil proceedings deemed to be criminal proceedings “(1) A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be 5 likely to be, any of the things referred to in subsection (2) must be treated as a criminal proceeding for the purposes of Part 2 despite being civil in nature.
“(2) The things referred to in subsection (1) are— tainted property (as defined in relation to Part 2); or “(a) “(b) property of a person who has unlawfully benefited from 10 significant criminal activity.
“(3) A proceeding certified by the Central Authority of the request- ing country to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable 15 grounds to be or to be likely to be, any of the things referred to in subsection (4) must be treated as a criminal proceeding despite being civil in nature.
“(4) The things referred to in subsection (3) are— tainted property (as defined in relation to Part 3); or “(a) “(b) property of a person who has unlawfully benefited from 20 “(c) significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or “(d) property that will satisfy all of or part of a foreign pe- 25 cuniary penalty order.
“(5) Proceedings treated as criminal proceedings under this section are criminal matters for the purposes of Parts 2 and 3.” 235 Object of Act Section 4 is amended by repealing paragraphs (g) to (j) and 30 substituting the following paragraphs: “(g) the forfeiture of— “(i) “(ii) property of persons who have unlawfully bene- tainted property; and fited from significant criminal activity or signifi- 35 cant foreign criminal activity; and “(iii) instruments of crime; and 141 Part 3 cl 236 Criminal Proceeds (Recovery) Bill “(iv) property that will satisfy all of or part of a foreign pecuniary penalty order: “(h) “(i) “(j) the location of property that may be forfeited: the recovery of property to satisfy foreign pecuniary penalty orders: the restraining of dealings with property, or the freezing of assets, that may be forfeited.” 5 236 New headings and sections 21 and 22 substituted The heading above section 21, section 21, the heading above section 22, and section 22 are repealed and the following head- 10 ings and sections substituted: “Request to enforce orders under Criminal Proceeds (Recovery) Act 2006 “21 Request to enforce orders under Criminal Proceeds (Recovery) Act 2006 “(1) The Attorney-General may, if the circumstances in subsec- tion (2) exist, request a foreign country to make arrangements to enforce any of the following in that country: “(a) “(b) “(c) “(d) an assets forfeiture order: a profit forfeiture order: an instrument forfeiture order: a restraining order.
“(2) The circumstances are that the Attorney-General has reason- able grounds to believe that some or all of the property to which the order relates is located in the foreign country.
15 20 25 “Request to issue warrant, order, or notice or order in foreign country “22 Request to issue warrant, order, or notice or order in foreign country “(1) The Attorney-General may, if a criminal matter has arisen in 30 New Zealand in respect of any of the things referred to in subsection (2), request a foreign country to issue a warrant, order, or notice or order similar to the following warrants, orders, or notices or orders made under the Criminal Proceeds (Recovery) Act 2006 in that country: “(a) a restraining order: 35 142 Criminal Proceeds (Recovery) Bill Part 3 cl 237 “(b) a search warrant of the kind issued under section 107, section 109, or section 116 of that Act: a production notice: a production order: an examination notice order.
“(2) The things referred to in subsection (1) are— “(c) “(d) “(e) 5 tainted property (as defined in relation to Part 2); or “(a) “(b) property of a person who has unlawfully benefited from significant criminal activity; or an instrument of crime (as defined in relation to Part 2).” 10 “(c) 237 Refusal of assistance (1) Section 27(1) is amended by inserting the following paragraph after paragraph (a): “(ab) the request relates to the bringing of proceedings of the kind described in section 2B(3) that relate to an activ- 15 ity of a political character; or”.
Section 27(1) is amended by inserting the following paragraph after paragraph (b): “(ba) there are substantial grounds for believing that the re- quest has been made with a view to bringing proceed- 20 ings of the kind described in section 2B(3) that are of a political character; or”.
Section 27(1) is amended by inserting the following paragraph after paragraph (c): “(ca) there are substantial grounds for believing that the re- 25 quest has been made for the purpose of bringing pro- ceedings of the kind described in section 2B(3) on ac- count of a person’s colour, race, ethnic origin, sex, reli- gion, nationality, or political opinions; or”.
Section 27(2) is amended by inserting the following paragraph 30 after paragraph (a): “(ab) the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had occurred in New Zealand, would not have constituted significant criminal activity in New Zealand; or”.
Section 27(2) is amended by inserting the following para- graphs after paragraph (b): 35 (2) (3) (4) (5) 143 Part 3 cl 238 Criminal Proceeds (Recovery) Bill “(ba) the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that occurred, or is alleged to have occurred, outside the foreign country and similar conduct occurring outside New Zealand in similar circumstances would not have constituted sig- 5 nificant criminal activity; or “(bb) the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had oc- curred in New Zealand at the same time, could not have been the subject of proceedings of that kind because of 10 lapse of time or for any other reason; or”.
(6) Section 27(2)(e) is repealed and the following paragraph sub- stituted: “(e) the provision of the assistance requested could preju- dice— “(i) a criminal investigation or criminal proceeding in New Zealand; or a proceeding of any kind under the Criminal Pro- ceeds (Recovery) Act 2006 or sections 142A to 142Q of the Sentencing Act 2002; or”.
“(ii) (7) Section 27(2)(g) is repealed and the following paragraph sub- stituted: “(g) the provision of assistance— “(i) would impose an excessive burden on the re- sources of New Zealand; or relates to a matter that is trivial in nature; or”.
“(ii) 15 20 25 238 New sections 54 to 62A and headings substituted The heading above sections 54, sections 54 to 62, and the head- ing above section 59 are repealed and the following sections and headings substituted: 30 “Requests to enforce foreign restraining orders and foreign forfeiture orders “54 Request to enforce foreign restraining order “(1) A foreign country may request the Attorney-General to assist in enforcing a foreign restraining order that relates to property 35 that is believed to be located in New Zealand.
144 10 15 20 Criminal Proceeds (Recovery) Bill Part 3 cl 238 “(2) The Attorney-General may authorise the Director Commis- sioner to apply to the High Court to register a foreign restrain- ing order in New Zealand if satisfied— “(a) that the request from the foreign country relates to— “(i) tainted property (as defined in relation to Part 3); 5 or “(ii) property of a person who has unlawfully bene- fited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to Part 3); or “(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and “(b) that there are reasonable grounds to believe some or all of the property that is able to be restrained under the foreign restraining order is located in New Zealand.
“(3) An authority issued under subsection (2) must be in writing.

“55 Request to enforce foreign forfeiture order “(1) A foreign country may request the Attorney-General to assist in enforcing a foreign forfeiture order that relates to property that is reasonably believed to be located in New Zealand.
“(2) The Attorney-General may authorise the Director Commis- sioner to apply to the High Court to register the foreign for- feiture order in New Zealand if satisfied— “(a) that the request from the foreign country relates to prop- erty that may be forfeited under the foreign forfeiture 25 order and is specific property that— “(i) is tainted property (as defined in relation to Part 3); or “(ii) belongs to a person who has unlawfully benefited from significant foreign criminal activity; or “(iii) is an instrument of crime (as defined in relation 30 to Part 3); or “(iv) will satisfy some or all of a foreign pecuniary penalty order; and “(b) that there are reasonable grounds to believe that some or 35 all of the property to which the order relates is located in New Zealand.
“(3) An authority issued under subsection (2) must be in writing.

145 Part 3 cl 238 Criminal Proceeds (Recovery) Bill “56 Method for registering foreign orders in New Zealand “(1) If the High Court is satisfied that a foreign order that the Dir- ector Commissioner has applied to register under section 54 or 55 is in force in a foreign country, the High Court must make an order that it be registered in New Zealand.
5 “(2) The Court must comply with section 149 of the Criminal Pro- ceeds (Recovery) Act 2006 when registering a foreign order.
“(3) A foreign order, or an amendment to a foreign order (an amendment), may be registered in the High Court in New Zealand by registering either of the following under the 10 prescribed procedure: “(a) a copy of the foreign order or amendment sealed by the court or other judicial authority who made it; or a copy of the foreign order or amendment authenticated in accordance with section 63.
“(b) 15 “(4) A copy of an amendment (whether made before or after regis- tration) may be registered in the same way as a foreign order.

“(5) An amendment does not have effect under this Act or the Crim- inal Proceeds (Recovery) Act 2006 until it is registered.

“(6) An exact copy of a sealed or authenticated copy of a foreign 20 order or an amendment must for the purposes of this Act be treated as if it is the sealed or authenticated copy.
“(7) However, registration of an exact copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed 25 or authenticated copy is registered.
“57 Effect of registering foreign orders in New Zealand “(1) A foreign restraining order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a re- straining order— “(a) made by the High Court under the Criminal Proceeds (Recovery) Act 2006; and entered on the date it is registered.

“(b) “(2) Subsection (1) is subject to sections 142 to 146 of the Criminal Proceeds (Recovery) Act 2006.
“(3) A foreign forfeiture order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a for- feiture order— 30 35 146 Criminal Proceeds (Recovery) Bill Part 3 cl 238 “(a) made by the High Court under the Criminal Proceeds (Recovery) Act 2006; and entered on the date it is registered.

“(b) “(4) Subsection (3) is subject to sections 147 to 155 of the Criminal Proceeds (Recovery) Act 2006.
“58 Cancelling registration of foreign orders in New Zealand “(1) The Attorney-General may at any time direct the Director Commissioner to apply to the High Court to cancel the regis- tration in New Zealand of— “(a) “(b) a foreign restraining order; or a foreign forfeiture order.
5 10 “(2) Without limiting subsection (1), the Attorney-General may give a direction of that kind if the Attorney-General is satis- fied— “(a) the order has, since being registered in New 15 that Zealand, ceased to have effect in the foreign country in which it was made; or that cancelling the order is appropriate having regard to arrangements entered into between New Zealand and the foreign country in relation to the enforcing of orders 20 of that kind; or that the registration of the order in New Zealand contra- vened section 56; or that, in the case of a foreign restraining order registered in New Zealand, 1 year has passed since the foreign 25 country made the order; or that, after consultation with the foreign country where the order was made, it is desirable that the registration of the foreign order be cancelled; or that the foreign order has been discharged, wholly or in 30 part.
“(b) “(c) “(d) “(e) “(f) “(3) The High Court must cancel the registration of a foreign order in New Zealand if the Director Commissioner applies, under a direction under subsection (1), to the High Court to cancel the registration.
35 147 Part 3 cl 238 Criminal Proceeds (Recovery) Bill “Requests by foreign countries for orders or warrants in New Zealand “59 Request for search warrant in New Zealand “(1) A foreign country may request the Attorney-General to obtain tainted property (as defined in relation to Part 3); or the issue of a search warrant in New Zealand in respect of a 5 criminal investigation or criminal proceedings relating to— “(a) “(b) property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); 10 or “(c) “(d) property that will satisfy some or all of a foreign pecu- niary penalty order.
“(2) After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3), do any of the following: “(a) 15 authorise a member of the police to apply under sec- tion 130 of the Criminal Proceeds (Recovery) Act 2006 for a search warrant under section 107 of that Act in relation to that property: authorise the Director Commissioner to apply under 20 section 131 of the Criminal Proceeds (Recovery) Act 2006 for a search warrant under section 109 of that Act in relation to that property: authorise the Official Assignee to apply under section 132 of the Criminal Proceeds (Recovery) Act 2006 for 25 a search warrant under section 116 of that Act in rela- tion to that property.
“(b) “(c) “(3) The matters referred to in subsection (2) are— “(a) that the request relates to a criminal investigation or criminal proceedings relating to— “(i) tainted property (as defined in relation to Part 3); or “(ii) property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to 30 35 Part 3); or “(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and 148 Criminal Proceeds (Recovery) Bill Part 3 cl 238 “(b) that there are reasonable grounds for believing the prop- erty is located in New Zealand.
Interim foreign restraining order “60 “(1) A foreign country may request the Attorney-General to obtain the issue of an interim foreign restraining order in respect of 5 property that is believed to be located in New Zealand.
“(2) After a request is made, the Attorney-General may authorise the Director Commissioner to make an application under sec- tion 134 of the Criminal Proceeds (Recovery) Act 2006 for an interim foreign restraining order if the Attorney-General is 10 satisfied that— “(a) there is a criminal investigation in relation to— “(i) tainted property (as defined in relation to Part 3); or “(ii) property that belongs to a person who has unlaw- 15 fully benefited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to Part 3); or “(iv) property that will satisfy some or all of a foreign 20 pecuniary penalty order; and “(b) there are reasonable grounds to believe all or part of the property to which the criminal investigation relates is located in New Zealand.
“61 Request for production notice in New Zealand “(1) A foreign country may request the Attorney-General to obtain 25 the issue of a production notice in New Zealand.
“(2) After a request is made, the Attorney-General may authorise the Director to exercise his or her power under section 111 of the Criminal Proceeds (Recovery) Act 2006 if the Attorney- 30 General is satisfied— “(a) that the request relates to a criminal investigation that relates to— “(i) tainted property (as defined in relation to Part 3); or 35 149 Part 3 cl 238 Criminal Proceeds (Recovery) Bill “(ii) property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to Part 3); or 5 “(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and “(b) that there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand.
10 “62 Request for production order in New Zealand “(1) A foreign country may request the Attorney-General to make an application for a production order in New Zealand.
“(2) After a request is made, the Attorney-General may authorise the Director Commissioner to make an application to a Judge 15 under section 112 of the Criminal Proceeds (Recovery) Act 2006 if the Attorney-General is satisfied that— “(a) the request relates to a criminal investigation that relates to— “(i) tainted property (as defined in relation to Part 3); 20 or “(ii) property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to 25 Part 3); or “(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and “(b) there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates 30 is located in New Zealand.
“62A Request for examination notice order in New Zealand “(1) A foreign country may request the Attorney-General to obtain make an application for the issue of an examination notice order in New Zealand.
“(2) After a request is made, the Attorney-General may authorise the Director Commissioner to exercise his or her power under 35 150 Criminal Proceeds (Recovery) Bill Part 3 cl 240 section 114 make an application under section 113A of the Criminal Proceeds (Recovery) Act 2006 if the Attorney-Gen- eral is satisfied— “(a) that the request relates to a criminal investigation that relates to— “(i) tainted property (as defined in relation to Part 3); or “(ii) property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or “(iii) an instrument of crime (as defined in relation to Part 3); or 5 10 “(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and “(b) that there are reasonable grounds to believe that all or 15 part of the property to which the criminal investigation relates is located in New Zealand.” 239 Certificates given by Attorney-General Section 64(2) is amended by omitting “Proceeds of Crime Act” and substituting “Criminal Proceeds (Recovery) Act 20 2006”.
240 Savings and transitional provisions The Mutual Assistance in Criminal Matters Act 1992 con- tinues in force as it did before the commencement of this Act for the purpose of completing any request or any matter relat- 25 ing to or arising from a request made under that Act before the commencement of this Act, including, without limitation,— (a) taking action in relation to any matter relating to an ap- plication under the Mutual Assistance in Criminal Mat- ters Act 1992; and continuing or completing any proceedings or other mat- ter commenced under that Act; and enforcing orders made or registered under that Act; and the exercise of any power or function under the Act in relation to any matter in paragraph (a).
30 35 (b) (c) (d) 151 Part 3 cl 241 Criminal Proceeds (Recovery) Bill Consequential amendment to Customs and Excise Act 1996 241 Amendment to Customs and Excise Act 1996 Section 242 amends the Customs and Excise Act 1996.
242 Return of goods detained under section 166A Section 166D(3)(b) is repealed and the following paragraph substituted: “(b) a foreign country makes a request to the Attorney-Gen- eral under any of the following sections of the Mutual Assistance in the Criminal Matters Act 1992: “(i) section 54 (relating to a request to enforce a foreign restraining order); and “(ii) section 60 (relating to an interim foreign re- straining order).” Subpart 2—Amendments to Sentencing Act 2002 243 Principal Act amended This subpart amends the Sentencing Act 2002.
5 10 15 244 Purpose The purpose of this subpart is to establish a regime for the 20 forfeiture of instruments of crime as part of the sentencing process.

245 Application The amendments made to the Sentencing Act 2002 by this subpart apply in respect of qualifying instrument forfeiture of- 25 fences committed, or believed to have been committed, before, on, or after the commencement of this subpart.
Interpretation Section 4(1) is amended by inserting the following definitions in their appropriate alphabetical order: “forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006 30 246 152 Criminal Proceeds (Recovery) Bill Part 3 cl 247 “instrument forfeiture order means an instrument forfeiture order made under section 142N “instrument of crime— “(a) means property used (wholly or in part) to commit, or “(b) to facilitate the commission of, a qualifying instrument 5 forfeiture offence; and includes, in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1) or (2A) of the Terrorism Suppression Act 2002, funds (as defined in section 4(1) of that Act) allocated for the purpose of 10 committing that offence “qualifying instrument forfeiture offence— “(a) means an offence punishable by a maximum term of “(b) imprisonment of 5 years or more; and includes an attempt to commit, conspiring to commit, or 15 being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more “tainted property has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006”.
20 247 New heading and new section 10A 10B inserted The following heading and section are inserted after section 10A: “Taking account of instrument forfeiture order or successful application for relief “10B Court must take into account instrument forfeiture order “(1) or successful application for relief In sentencing or otherwise dealing with an offender convicted of a qualifying instrument forfeiture offence, the court must take into account— “(a) any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence: any forfeiture of that property by any other order or 35 means arising from the offender’s conviction: “(b) 25 30 153 Part 3 cl 248 Criminal Proceeds (Recovery) Bill “(c) “(d) “(e) any order for relief made under section 142L or 142M in favour of another person in respect of property used to commit, or to facilitate the commission of, the quali- fying instrument forfeiture offence: the nature of the relationship between that person and 5 the offender: the likely benefit to the offender of any order referred to in paragraph (c).
“(2) In deciding the weight to be given to either any matter referred to in subsection (1)(a), (b), or (d), the court must take into 10 account— “(a) the value of the property that is the subject of the instru- ment forfeiture order or that is otherwise forfeited: the nature and extent of the offender’s interest in that property.
“(b) “(3) Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until— “(a) any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or any appeal or application for relief in relation to an in- strument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2006 has been determined.” “(b) 15 20 248 Power of adjournment for inquiries as to suitable 25 punishment Section 25(1) is amended by inserting the following paragraph after paragraph (d): “(da) to determine whether to impose an instrument forfeiture order and, if so, the terms of that order:”.
30 249 Access to reports Section 29(1) is amended by inserting “or section 142F” after “section 33”.
250 New heading and sections 142A to 142Q inserted The following heading and sections are inserted after section 35 142: 154 Criminal Proceeds (Recovery) Bill Part 3 cl 250 “Instrument forfeiture orders “142A Interpretation of terms used in sections 142B to 142Q For the purposes of sections 142B to 142Q, unless the con- text otherwise requires,— “Director means the Director of Criminal Proceeds Confisca- 5 tion as defined in section 5(1) of the Criminal Proceeds (Re- covery) Act 2006 “Commissioner means the Commissioner of Police “prosecutor has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2006.
10 “142B Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence If a person is convicted of a qualifying instrument forfeiture offence and any property was used to commit, or to facili- tate the commission of, that offence, the prosecutor must, if 15 in the prosecutor’s opinion the court should consider whether to make an instrument forfeiture order in respect of that prop- erty, notify the court in writing of— “(a) “(b) the details of that property: the name and identifying details of any person (other 20 than the offender) who, to the knowledge of the pros- ecutor, has an interest in the property.
“142C Duties of court on notification On receiving notice under section 142B, the court, if it is of the opinion that it should consider making an instrument 25 forfeiture order,— “(a) must direct the prosecutor to issue and serve any notice required by section 142E: “(b) may direct the prosecutor to report further information to the court under section 142F.
30 “142D Notice of possible instrument forfeiture order may be recorded on registers “(1) Subsection (2) applies if the court has given a direction under section 142C relating to property of a kind that is covered by a New Zealand enactment that enables the registration of— 35 155 Part 3 cl 250 Criminal Proceeds (Recovery) Bill “(2) title to that property; or charges over that property.
“(a) “(b) If this subsection applies, the court may order any authority re- sponsible for administering an enactment of the kind referred to in subsection (1) (an Authority) to enter on the register a 5 note of the fact that the court will consider whether an instru- ment forfeiture order may be made against the property.
“(3) The court must order an Authority to cancel an entry made on a register under subsection (2) if— “(a) the matter to which the entry relates is finally deter- 10 mined and the relevant appeal period (defined in sec- tion 73(3) and referred to in section 85 of the Crim- inal Proceeds (Recovery) Act 2006) has expired; or “(b) proceedings to which the entry relates are discontinued for any reason.
“Compare: 1991 No 120 s 16(2), (3) 15 “142E Duties of prosecutor as to service “(1) If a court gives a direction under section 142C, the pros- ecutor must take all reasonable steps to notify every person (other than the offender) whose name was included in the no- 20 tice given to the court under section 142B, any other person whom the prosecutor believes has an interest in the property in question, and the Director Commissioner— “(a) that the property may be made the subject of an instru- ment forfeiture order: that the person may, within 10 working days of the date of the notice, apply to the court for relief: of the grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2006 on which an application for relief may be made.
“(b) “(c) “(2) A notice given under subsection (1) must be given as soon as practicable after the court gives a direction under section 142C and in any event not later than 5 working days after the giving of that direction.
“142F Court may require further information The court may, for the purposes of determining whether to make an instrument forfeiture order or an order for relief from 156 25 30 35 Criminal Proceeds (Recovery) Bill Part 3 cl 250 an instrument forfeiture order, or for the purposes of determin- ing the terms of an instrument forfeiture order or an order for relief from an instrument forfeiture order, direct the prosecu- tor, the offender, or any person who applies for relief to pro- vide further information to the court about— “(a) 5 the value of the property that comprises the instrument of crime: the nature, extent, and value of the offender’s interest in the property that comprises the instrument of crime: the name of any other person with an interest in the in- 10 strument of crime, the nature and extent of that person’s interest, and whether or not that person has been noti- fied of the proceedings: the name of any person who may suffer undue hardship if the property is confiscated and the nature of that hard- 15 ship: any other matter specified by the court.
“(b) “(c) “(d) “(e) “142G Independent valuation of property For the purposes of determining the value of an instrument of crime, a court may, at its own discretion or at the request of 20 either party to the proceedings or any person who claims to have an interest in the property, seek an independent valuation as to the value of the property or any interest in the property.
“142H Court may order declaration of ownership to be “(1) completed If a court is considering whether or not to make an instrument forfeiture order, the court may order that the offender, or any other person, complete a declaration of ownership before mak- ing the order.
“(2) The declaration of ownership must specify— “(a) whether the offender owns, or has any interest in, the property in question at the relevant date; and “(b) whether any other person owns, or has any interest in, the property at the relevant date, and, if so, the name of that person and the nature of that interest; and “(c) whether the offender has ceased to be the owner of, or to have any interest in, the property in question at any 25 30 35 157 Part 3 cl 250 Criminal Proceeds (Recovery) Bill “(d) time subsequent to the commission of the offence but before the date of his or her conviction; and if the offender has disposed of his or her interest in the property in question during the period referred to in paragraph (c), to whom the ownership or interest in 5 the property was disposed, the relationship of that per- son to the offender, and the consideration received by the offender.
“(3) “(4) If a court does not make an order under this section that does not affect the validity of any other order of the court.

In this section, relevant date means the date on which the offender was convicted of the qualifying instrument forfeiture offence.
10 “142I Determining ownership of property For the purpose of determining the nature and extent of any 15 person’s interest in an instrument of crime, the court may apply the provisions of section 58 of the Criminal Proceeds (Re- covery) Act 2006, which applies with all necessary modifica- tions.

“142J Applications for relief from an instrument forfeiture 20 order “(1) Any person (other than the offender) may make an application for relief from an instrument forfeiture order.
“(2) An application by any person for relief must be made to the court that convicted the offender— “(a) on either of the grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2006; and in the prescribed form (if any); and 25 “(b) “(c) within— “(i) “(ii) the time specified in the notice served on the per- 30 son under section 142E; or if no notice is served on the person, 15 working days after the day on which the offender was con- victed of the qualifying instrument forfeiture of- fence; or 35 “(iii) the time allowed by the court, if the court grants an application by the person to make an appli- 158 Criminal Proceeds (Recovery) Bill Part 3 cl 250 cation for relief after the time by which such an application must be made under subparagraph (i) or subparagraph (ii).
“(3) An applicant for relief from an instrument forfeiture order must serve notice of that application on— “(a) “(b) “(c) “(d) “(e) the prosecutor: the offender: the Director Commissioner: the Official Assignee: any other person whom the applicant has reason to be- 10 lieve may— “(i) 5 have an interest in the property that is the subject of the application; or suffer undue hardship as a consequence of the forfeiture of the property: “(ii) 15 “(f) any specified person or class of persons in respect of whom the court directs the applicant to serve notice of the application.
“(4) An applicant for relief must provide the court and the prosecu- tor with a list of persons on whom notice of the application has 20 been served.

“142K Hearings concerning instrument forfeiture orders “(1) If a court issues a direction under section 142C, it may con- vene a hearing to determine whether to make an instrument forfeiture order or to grant an application made for relief from 25 an instrument forfeiture order under section 142J.
“(2) At the hearing, the prosecutor, the offender, any person making an application for relief from an instrument forfeiture order, and any other person who claims to have an interest in the property that may be the subject of the instrument forfeiture 30 order or who believes that he or she may suffer undue hardship if the property is forfeited, may be heard.
If a hearing is not held under subsection (1), the matters referred to in that subsection and subsection (2) may occur during the sentencing hearing.
“(3) 35 159 Part 3 cl 250 Criminal Proceeds (Recovery) Bill “142L Court may grant relief from an instrument forfeiture order to applicant who establishes interest in property “(1) This section applies if— “(a) “(b) a person applies to the court under section 142J for relief from an instrument forfeiture order in respect of 5 an interest in property on the ground set out in sec- tion 77(1)(a) of the Criminal Proceeds (Recovery) Act 2006; and the court is satisfied, following a hearing under section 142K, that the applicant has established on the balance 10 of probabilities that the applicant— “(i) has an interest in the property to which the instru- ment forfeiture order relates; and “(2) “(ii) was not involved in the qualifying instrument for- feiture offence to which the order relates.
If this section applies, the court must make an order— “(a) declaring the nature, extent, and value of the applicant’s interest in the property; and either— “(i) “(b) directing the Crown to transfer the interest to the 20 applicant; or 15 “(ii) declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court; or “(iii) directing that the interest not be included in an 25 instrument forfeiture order made in respect of the proceedings that gave rise to the application; or “(iv) determining, in accordance with section 142N, not to make an instrument forfeiture order.
“(3) Despite subsection (2), the court may, but is not required to, 30 refuse to make an order under subsection (2) if it is satisfied that— “(a) the applicant was, in any respect, involved in the com- mission of the offence in respect of which forfeiture of the property is or was under consideration; or if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value.
35 “(b) 160 Criminal Proceeds (Recovery) Bill Part 3 cl 250 “(4) The court must not make an order under subsection (2)(b)(ii) unless it is satisfied that it cannot reasonably make an order under subsection (2)(b)(i) or (iii) (for example, because the interest of the applicant is not severable from the other prop- erty in question).
5 “142M Court may grant relief from an instrument forfeiture order to applicant on grounds of undue hardship “(2) “(1) This section applies if a person applies to the court under sec- tion 142J for relief from an instrument forfeiture order on the ground set out in section 77(1)(b) of the Criminal Proceeds 10 (Recovery) Act 2006.
If the court is satisfied that, having regard to all the circum- stances, undue hardship is likely to be caused to the person making the application or to another person (other than the of- fender), by the operation of an instrument forfeiture order, the 15 court— “(a) may order that the person is entitled to be paid a speci- fied amount out of the proceeds of sale of the property, being an amount that the court thinks is necessary to prevent undue hardship to that person; and if the person is under 18 years, may make additional orders for the purpose of ensuring the proper application of an amount to be paid to that person.
“(b) 20 “(3) The circumstances a court may have regard to under subsec- tion (2) include, without limitation,— “(a) the use that is ordinarily made, or was intended to be made, of the property that would be the subject of the instrument forfeiture order; and the nature and extent of any person’s interest in the property; and any other matter relating to the nature and circum- stances of the qualifying instrument forfeiture offence to which the property relates.
“(b) “(c) 25 30 “Compare: 1991 No 120 ss 15(2), 18 “142N Instrument forfeiture orders “(1) Following a hearing under section 142K, the court may, if it is satisfied that the property described in the notice given 35 161 Part 3 cl 250 Criminal Proceeds (Recovery) Bill “(2) under section 142B is an instrument of crime, order that the instrument of crime or any part of it specified by the court be forfeited to the Crown.
In considering whether or not to make an instrument forfeiture order under subsection (1) in respect of particular property, 5 the court may have regard to— “(a) “(b) “(c) “(d) “(e) 10 any matter raised in an application for relief under sec- tion 142J; and the use that is ordinarily made, or was intended to be made, of the instrument of crime; and any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and the nature and extent of the offender’s interest in the instrument of crime (if any), and the nature and extent 15 of any other person’s interest in it (if any); and in addition to the matters referred to in section 77(1) of the Criminal Proceeds (Recovery) Act 2006, any other matter relating to the nature and circumstances of the qualifying instrument forfeiture offence or the offender, 20 including the gravity of the qualifying instrument for- feiture offence.
“(3) A court that makes an instrument forfeiture order may, if it considers that it is appropriate to do so, by order,— “(a) declare the nature, extent, and value of any person’s 25 interest in an instrument of crime; and “(b) declare that the instrument forfeiture order may, to the extent to which it relates to the interest, be discharged under section 85 of the Criminal Proceeds (Recovery) Act 2006.
30 If the court orders that property (other than money) be forfeited to the Crown, the court must specify in the order the amount that it considers to be the value of the property at the time the order is made.

If a court makes an instrument forfeiture order, the court may 35 give any directions that are necessary or convenient for giving effect to the order.
“(4) “(5) 162 Criminal Proceeds (Recovery) Bill “142O Offence of providing false or misleading information under section 142F Every person is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who provides false or misleading information to a court 5 in response to a direction under section 142F.
“142P Evidence in instrument forfeiture order proceedings In determining whether or not to make an instrument forfei- ture order under section 142N as a result of a person’s con- viction, the court may take into account evidence given in the 10 proceedings taken against that person for the offence, includ- ing, without limitation,— “(a) documents, exhibits, or other things connected with the proceedings that the court considers relevant; and “(b) notes or transcripts of evidence admitted in the proceed- 15 ings.
“Compare: 1991 No 120 s 14(1) “142Q Relationship with other provisions in Act Nothing in sections 142A to 142P affects sections 127 to 142.” 20 Legislative history Introduction (Bill 81–1) First reading and referral to Law and Order Committee 13 March 2007 20 March 2007 12 Published under the authority of the House of Representatives—2008 Wellington, New Zealand: 163